Court rules creation of CAS positions unconstitutional

The High Court has dismissed the appointment of 50 Chief Administrative Secretaries (CASs) by President William Ruto as unconstitutional.

In a ruling delivered Monday by judges Kanyi Kimondo, Hedwig Ong'udi and Aleem Visram, the court said public participation in the creation of the CAS post was only conducted for 23 occupants and the creation of the additional 27 occupants did not adhere to the constitutional requirement of public participation. 

While noting that the position was abolished last year, the court said; "Once that office was abolished on 21 September 2022, the newly-created office and complement of 23 office holders could no longer benefit from that stay."

“The newly-created office and fresh complement of 50 had to comply with the constitution and the criteria set out earlier in Okiyah’s case in order to be lawfully established. They did not comply. The entire complement of 50 CASs is therefore unconstitutional,” the court ruled.

The court ruled the creation of the additional 27 CASs did not adhere to the constitutional requirement of public participation and quashed the appointment of all the 50 CASs as unconstitutional.

"Whereas there was some reasonable public participation on the first complement of 23 CASs, there was no such participation regarding the additional 27 CASs," read the ruling, adding, "The entire complement of the 50 CASs is unconstitutional."

The 50 CAS were sworn in by President William Ruto on March 23 after the National Assembly declined to vet them saying it had no constitutional authority to do so.

The High Court later issued orders barring the CASs from assuming office pending the hearing and determination of the petition. The court also barred the appointees from earning a salary, remuneration, and any benefit pending the conclusion of the case.

Subsequently, the Judiciary said it did not preside over the swearing-in ceremony, noting that it did not send any official to the State House to conduct the ceremony and that it has no role whatsoever in the process.