The Employment Labour and Relations Court (ELRC) on Thursday, February 16 ruled that the Public Service Commission (PSC) followed due process in initiating the recruitment of Chief Administrative Secretaries (CASs)
In a statement, Law Society of Kenya (LSK) President Eric Theuri confirmed that the court had dismissed the petition challenging the process.
“ELRC court delivers judgment on the CAS case and finds that the PSC followed the correct procedure in setting up the office. The petition by the Law Society of Kenya is dismissed,” read the statement.
Initially, ELRC had barred the government from hiring new Cabinet Administrative Secretaries (CAS) in a court case filed by the Law Society of Kenya (LSK).
In her ruling Justice Monicah Mbaru issued temporary orders, slamming brakes on President William Ruto in assembling his government.
“In the Interim to allow service upon the Respondent an order of stay of implementation of the process of establishment of the office of Chief Administrative Secretary in the Public Service be and is hereby issued,” ruled Justice Mbaru.
The LSK was opposed to the hiring of the CASs arguing that PSC never disclosed to the public the effect of hiring persons who were not identified by the Constitution.
LSK argued that CASs had similar roles as Principal Secretaries and their appointment would further burden Kenyans with a bloated wage bill.
PSC had advertised for interested qualified applicants to apply for the positions.
“Following the establishment of the Office of the Chief Administrative Secretary by H.E the President under Article 132(4) (a) of the Constitution as read with Section 30 of the Public Service Commission Act. 2017, the Public Service Commission hereby invites applications from suitably qualified persons who wish to be considered for appointment,’ PSC wrote in a press release.
The announcement was made just two weeks after the PSC requested public participation in the proposed formation of the office of the Chief Administrative Secretary.
Additionally, the Commission then stated that it was working on President Ruto's behalf, who had suggested establishing the CAS seats in accordance with Article 132(4)(a) of the Constitution.
With the court paving way, President Ruto will now have the leeway to reward his political allies, election losers and rejects in the concluded 2022 general elections.
The dispute on the legality of the CASs positions began during former President Uhuru Kenyatta’s reign when the High Court termed them unconstitutional.
In a ruling, Justice Antony Mrima declared the creation of the office of Chief Administrative Secretary (CAS) unconstitutional.
The verdict came after activist now Busia Senator Okiya Omtatah 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.