On Monday the High Court ruled that the establishment of 50 chief Administrative Secretaries (CAS) positions and appointment was unconstitutional.
The three judge bench in Nairobi, said the government did not follow the guidelines of establishing the offices.
The ruling was made by majority of the Judges including Justice Kanyi Kimondo and Aleem Visram while lady Justice Hedwig Ong’udi dissented.
“We do not think that it was the intention of the framers of the Constitution to have 50 CASs deputizing 22 CSs. For the avoidance of doubt, the appointment of the 50 CASs is unconstitutional,” the court ruled.
“The newly-created office and fresh complement of 50 had to comply with the constitution and the criteria set out earlier in Okiyah’s case in order to be lawfully established. They did not comply. The entire complement of 50 CASs is therefore unconstitutional.”
Following the ruling the Attorney General Muturi has filled a notice of appeal against the judgement of the three judges. They have 14 days to fill the appeal against the rulling.
