Court bars all 50 CASs from assuming office, earning a salary as Ruto accused of violating Constitution

The High Court has issued orders barring the 50 Chief Administrative Secretaries (CASs) appointed by President William Ruto from assuming office pending the hearing and determination of a petition challenging their appointment process.

In a ruling delivered on Friday by Lady Justice Hedwig Ong'udi, the court also barred the newly-appointed CASs from earning a salary, remuneration, and any benefit pending the conclusion of the case filed by the Law Society of Kenya and Katiba Institute.

In the petition, LSK and Katiba Institute have sued the President and the Public Service Commission (PSC), while all the 50 CASs have been listed as interested parties in the case.

The petitioners argue that by appointing 50 CASs the President violated Article 10 of the Constitution since he was “in the full knowledge that only 23 positions were created and recruited for.”

“By creating the additional 27 positions, the Respondents violated the binding constitutional principles, such the national values and principles of governance, contrary to Articles 4[2] and 10, particularly patriotism, national unity, the rule of law, democracy, participation of the people, good governance, integrity, transparency accountability and sustainable development.

"The latter is especially implicated due to the additional, unsanctioned call on public finances to fund the irregular positions,” read court documents.

The petitioners further argue that by creating additional 27 offices in the public service, to be financed using public funds, the President violated and threatened to violate Articles 201 and 228[5] which call for prudent use of public resources.

LSK and Katiba Institute further submit that the Public Service Commission has abdicated its roles under article 234 which are to inter alia to establish public offices in compliance and subject to articles 10, 232 and all provisions of the constitution.

“Such abdication has enabled the 1st Respondent (President) to establish 27 additional offices in violation of constitutional dictates,” the court documents further read.

The case will be mentioned on March 28, 2023 for further directions.