High Court Rules Appointment Of 50 CASs Unconstitutional

The High Court ruled that appointing President William Ruto’s 50 Chief Administrative Secretaries was unconstitutional.

In its ruling, most of the 3-judge bench stated that there was no adequate public participation.

Judge Kanyi Kimondo stated that the framers of the Constitution did not envisage that 50 CASs would deputize 22 Cabinet Secretaries.

“Was there Adequate participation? The petitioners had argued that the appointment did not adhere to public participation especially in the 27 CAS. The judges say that there was no public participation in the appointment of the 27 more CASs,” he ruled.

President William Ruto swore in the CAS on March 23 after the National Assembly declined to vet them, saying it had no constitutional authority.

The appointment of the CASs was suspended after the Law Society of Kenya and the Katiba Institute challenged the President’s move because the law only allowed him to appoint 23 CASs rather than 50.

Justice Hedwig Ongudi said the Public Service Commission failed in its mandate citing that no public participation in the appointment of the extra 27 CASs was conducted.