CAS position which Uhuru created is unconstitutional, High Court rules

High Court Judge Antony Mrima has ruled that the creation of the office of Chief Administrative Secretary (CAS) was unconstitutional.

Justice Mrima also ruled that cabinet secretaries who continued to serve without being vetting in 2017 are in office illegally.

He added that any permanent secretary not competitively recruited by the Public Service Commission (PSC) is in office illegally.

The ruling comes after activist Okiya Omtata moved to court challenging the appointment of the officers and creation of the office of the CAS.

He argued that there was no public participation in the decision to introduce CASs as assistants to cabinet secretaries.

On January 26, 2018, President Uhuru Kenyatta announced the creation of the CAS position in every ministry.

“I have decided to establish a new position in government, the position of Chief Administrative Secretary in all our ministries. The Chief Administrative Secretary would broadly be responsible for helping the Cabinet Secretary to better coordinate the running of the affairs of their respective ministries,” he said.

According to a report in the Standard newspaper, it was notable at the time that the newly established CAS positions had been ‘largely been given to politicians who supported President Kenyatta’s re-election but lost their political bids.’

Rachel Shebesh — who contested for Nairobi Woman Rep race and lost — was appointed as CAS in the Public Service, Youth and Gender Affairs Ministry while Hussein Dado — who lost his Tana River gubernatorial seat to ODM’s Dadho Godana — was appointed as Devolution CAS.

Others include:

• Former Budalang’i MP Ababu Namwamba (Foreign Affairs);
• Winnie Guchu (Water and Sanitation). She resigned from the Judicial Service Commission (JSC) to serve in the Jubilee Secretariat.
• Former Kisii Senator Chris Obure (Transport);
• Former Subukia MP Nelson Gaichuhie (National Treasury);
• Former West Pokot governor Simon Kachapin (Education);
• Former Kilifi North MP Gideon Mung’aro (Lands);
• Abdul Bahari (Labour and Social Protection). He was Jubilee’s candidate who lost the Isiolo governorship.
• Ken Obura (East African Community). He lost in the ODM primaries for the Kisumu Central MP seat