Court Nullifies Ruto’s CAS Appointments: Justice Hedwig Ong’udi Hails LSK & Katiba Institute

  • Post published:Jul 03, 2023
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Court nullifies Ruto’s CAS Appointments! The High Court of Kenya has described the appointment of 50 Chief Administrative Secretaries by President William Ruto as illegal and unconstitutional.

Those challenging the controversial positions at the Employment and Labour Relations court are the Law Society of Kenya and the Katiba Institute.

Court Nullifies Ruto’s CAS Appointments

The ruling by Justice Hedwig Ong’udi prohibited the appointees from receiving a salary, remuneration, or any other benefit.

The court had this to say.

“Accordingly, the newly created office and fresh complement of 50 had to comply with the constitution and the criteria set out earlier in Okiya Omtatah’s case in order to be lawfully established. They did not comply.”

Court Ruling.

Justice Ong’udi pointed out that establishing the 23 CAS posts was done lawfully but adding the 27 posts in the gazette notice was unconstitutional.

While the president has the right to create additional positions in his government, he has no right to implement the same outside parliament.

“We also find that whereas the president can establish a state office within the ranks of public service, it requires approval by the national assembly. Such approval may be achieved by the enactment of a statute which provides for the same and further provide for the framework on the numbers of CASs if necessary. We are not satisfied that the newly created CAS meets constitutional thresholds.”

Court Ruling.

For the record, the said appointees were not vetted in the National Assembly as is expected by law.

As a result, appointment beneficiaries such as Millicent Omanga, Joash Maangi and Dennis Itumbi could end up jobless again.

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