The establishment of the 50 CAS was deemed unlawful by the High Court.
The legislation was not followed in the creation of the aforementioned office, according to a three-judge bench.
It was not the intention of the constitution’s framers, according to Justices Kanyi Kimondo, Hedwig Ong’undi, and Ali Visram, to have 50 CASs substitute for 22 Cabinet Secretaries.
The bench agreed with the petitioners in the case that the additional 27 postings did not include any public engagement.
“The sequence and procedure leading to the additional 27 posts did not adhere to public participation. The process didn’t meet the threshold,” the bench ruled.
The judges said it was Incumbent upon PSC to prove public participation covered all the posts.
Ruto on March 16, nominated 50 CASs for the position against 23 vacancies announced by the Public Service Commission.
The 50 were nominated from a list of 240 shortlisted candidates.
They were sworn in on March 23, 2023, after the National Assembly declined to vet them, saying it had no constitutional authority to do so.
Later, the High Court issued orders preventing the CASs from taking office while a petition contesting their appointment procedure is heard and decided.
The court also prohibited the appointees from receiving a salary, pay, or any other benefit until the resolution of the case brought by the Law Society of Kenya (LSK) and Katiba Institute, according to the order made by Lady Justice Hedwig Ong’udi.
The judiciary then asserted that it had no involvement in the swearing-in procedure and that it had not sent any representative to conduct the event at the State House.
