Nairobi High Court in Kenya has quashed the appointment of 50 Cabinet Assistant Secretaries (CASs). The appointment by President William Ruto of Kenya Kwanza has been termed as ‘unconstitutional’.
The bench of three judges delivered the ruling. These are Justices Hedwing Ong`undi, Kanyi Kimondo, and Visra Aleem Alnashir.
“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,”
the court ruled.
According to the ruling, the 27 newly created positions, taking the total to 50, did not involve public participation, like done in the first 23 positions.
The court, however, pointed a blame finger to the Public Service commission for created 27 CASs positions without involvement of the public in relation to the current constitution.
The court has ruled that the CASs appointees will only assume office after a petition by the Law Society of Kenya (LSK), challenging their legality is heard and determined.