Court finally renders verdict; Rejects appointment of the 50 CASs.
In a long awaited decision, The high Court finally renders verdict in a three-judge bench including Justices Kanyi Kimondo, Hedwing Ong’udi and Visram Alnashir.
The judges declared that in as much as there was public participation before the appointment of CASs, the positions were only limited to 23 CASs and not 50 as appointed by The head of state, William Ruto
Therefore, the appointment of the rest( 27 CASs) was against the law of Kenya and constitution thereof.
Justice Ongudi stated,”There was no public participation in the appointment of the extra 27 CASs. The establishment of the extra 27 CAS positions is unconstitutional.
”For the avoidance of doubt, the entire complement of 50 CASs is therefore unconstitutional,”Justice Kimotho Ruled.
The high court Justices further pointed fingers towards the head of state, for failing to properly vet the CASs before the National Assembly, before swearing them in.
The high court further cited the need for vetting in the National Assembly stating that the CASs were supposed to earn more than PSs.
The justices ruled,”CASs are for all purposes assistant Cabinet Secretaries and Principal Secretaries are relegated to reporting to CASs and CSs.”
They further questioned on why the country need 50 assistants to CSs when the Kenyan Constitution limited the maximum number of CSs to 22.
The ruled,”We do not think it was the intention of framers of our Constitution to have 50 CASs deputising 22 CASs.”
Notably, The public service commission was faulted for not indicating the number of CASs needed, when they were advertising the vacancies.”