Court of Appeal dismisses application for CASs to hold office

The Court of Appeal on Friday dismissed an application seeking to have the 50 Chief Administrative Secretaries appointed by President William Ruto begin their work pending hearing and determination of an appeal.

The Appellate court, in its decision, said no concrete evidence had been placed before it to show that the absence of the CASs is jeopardising service delivery to the public and that they have not demonstrated any consequences that will befall the people of Kenya as they await determination of the appeals.

In a decision delivered by Court of Appeal Judges Mumbi Ngugi, K. M'inoti and F. Tuiyott, the three judges stated that they are not persuaded by the argument that the appeals will be rendered nugatory because the people of Kenya will be deprived of public service.

The court further ruled that they are not persuaded that the collective destiny of the people of Kenya lies in the hands of 50 CASs whose offices are seriously contested.

The Judges said they are not able to decipher any personal loss or damage that the applicants will suffer that is incapable of being compensated.

The High Court in its Judgement on July 3, 2023 had declared the office of the CAS as unconstitutional, null and void. The court quashed the appointment of the 50 CASs who had already been sworn into office.

Earlier this week, a Bill that, among other things, seeks to establish and better define the role of CASs, went through its first reading in Parliament.

The Bill states that for one to be eligible for nomination as a CAS, he or she must have a Bachelor's degree, public service experience, and meet the requirements of Chapter Six of the Constitution.