High Court stops 50 CASs from assuming office, day after being sworn in

In order to allow for the Law Society of Kenya and Katiba Institute’s application to be decided, the High Court has prohibited the appointed 50 CAS from assuming office.

Additionally, the appointees are not currently eligible to receive any salary, compensation, or benefits, per Justice Hedwig Ongundi.

Wednesday saw the gazetting of the CAS nominations by Felix Koskei, head of the public service.

“It is notified for the general public that His Excellency, President William Ruto has on the recommendation of the Public Service Commission appointed the following to serve as Chief Administrative Secretaries of the Government of Kenya,” reads the gazette notice.

An earlier communication from the Speaker that the National Assembly Moses Wetang’ula on Wednesday cannot vet them since there is not legal provision requiring the vetting.

The communication was made public by State House spokesman, Hussein Mohamed.

“It is notified that the Speaker of the National Assembly has referred back to the Appointing Authority the Transmittal of the Nominees for Appointment to the rank of Chief Administrative Secretaries,” Mohamed said.

“To facilitate the ascension of the Chief Administrative Secretaries to office, the State appointees are now scheduled to subscribe to their solemn oath of office.” he added.

The Speaker’s Memorandum notes as follows:

“The obligation to respect, uphold and defend the Constitution enjoins the House to refrain from assuming and discharging a role that it has not been expressly assigned by the Constitution or written law.

In that regard, the National Assembly is unable to vet the nominees in the absence of an express constitutional or statutory requirement to do so”

The CASs were appointed after the courts trashed a case filed by LSK challenging the creation of the position.

Justice Monicah Mbaru, of the Employment and Labour Relations Court, noted in her ruling that the PSC followed requisite legal procedure in establishing the office, including holding public participation.

The court did not, however, cap the number of individuals who should be hired for the position of Chief Administrative Secretary.

There is equally no law that limits the number of CASs a president can nominate.

This could be the lacuna that left room for Ruto to increase the number of CASs from 23 that were appointed by his predecessor Uhuru Kenyatta in the Jubilee government where he served as Deputy President.

The PSC directed that CASs be hired under job Group CSG 3, putting them on the same salary scale as Permanent Secretaries.