AG Muturi files notice of appeal against ruling that declared 50 CAS appointments unconstitutional
Attorney General (AG) Justin Muturi has filed a notice of appeal on Monday's High Court ruling that invalidated the appointment of 50 Chief Administrative Secretaries (CASs) by President William Ruto.
The matter, which has been certified urgent, will be mentioned on Wednesday at 9am before Lady Justice Mugure Thande.
In the Monday ruling, judges Kanyi Kimondo, Hedwig Ong'udi and Aleem Visram, ruled that public participation in the creation of the CAS posts was only conducted for 23 occupants and the creation of the additional 27 occupants did not adhere to the constitutional requirement of public participation.
While noting that the position was abolished last year, the court said; "Once that office was abolished on 21 September 2022, the newly-created office and complement of 23 office holders could no longer benefit from that stay."
“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.
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