In a groundbreaking ruling, the High Court has declared the Chief Administrative Secretary (CAS) position unconstitutional, stating that President William Ruto's appointment of 50 CASs violated constitutional principles. The judges emphasized the significance of genuine public participation in decision-making processes as required by the law.
The controversy surrounding the CAS position surfaced when it was revealed that the initial proposed number of CAS posts was 23. However, the court found that an additional 27 positions were introduced without adhering to constitutional principles and requirements.
The court underscored the importance of meaningful and inclusive public participation, stressing that all necessary aspects should be considered.
The appointments in question took place in March when President Ruto appointed the Chief Administrative Secretaries and swore them in at State House, a day after the National Assembly failed to vet them.
Hussein Mohammed, the State House Spokesperson, justified the appointments by stating that the Speaker of the National Assembly had referred back the transmittal of the nominees to the appointing authority.
Speaker Moses Wetangula, in sending back the nominees, had noted that the National Assembly was unable to vet the nominees in the absence of an express constitutional or statutory requirement to do so.
The individuals appointed to the CAS positions were primarily perceived as cronies of the Head of State and included controversial blogger Dennis Itumbi, former Nairobi Governor Evans Kidero, and ex-Nominated Senator Millicent Omanga.
Among the other appointees were former Narok Governor Samuel Tunai, former North Eastern Regional Co-ordinator Amb Mohamud Ali Saleh, former Laikipia Woman Representative Catherine Waruguru, former Kenya National Union of Teachers (Knut) Secretary-General Wilson Sossion, former Starehe lawmaker Charles Njagua Kanyi, who were nominated into the Ministry of Foreign and Diaspora Affairs, Ministry of Tourism, Wildlife and Heritage, and Ministry of Youth Affairs, Arts, and Sports, respectively.
Furthermore, Alfred Agoi was nominated for the Ministry of Defence, while Kirui Limo and Beatrice Nkatha were appointed to the National Treasury.
With the court ruling the CAS position unconstitutional, there will likely be a reassessment of the roles and responsibilities of such positions within the government, as well as a renewed focus on upholding constitutional principles and ensuring meaningful public participation in decision-making processes.