Judiciary now says it did not preside over swearing-in of Ruto’s 50 CASs
![Judiciary now says it did not preside over swearing-in of Ruto’s 50 CASs Judiciary now says it did not preside over swearing-in of Ruto’s 50 CASs](https://citizentv.obs.af-south-1.myhuaweicloud.com/89885/conversions/CASs-og_image.webp)
President William Ruto with his 50 CASs after their swearing-in at State House, Nairobi, on March 23, 2023. PHOTO | PCS
The Judiciary now claims it did not preside over the
Thursday swearing-in ceremony of the 50 Chief Administrative Secretaries (CASs)
at State House in Nairobi.
The Judiciary, in a statement to newsrooms on
Saturday, was responding to a claim by National Coordinator of the Institute
for Social Accountability Diana Gichengo, which it termed as misleading.
It further stated that it did not send any official
to State House to conduct the ceremony, adding that it has no role whatsoever
in the process.
“The Judiciary's attention has been drawn to a
statement issued by the National Coordinator of the Institute for Social
Accountability Diana Gichengo, claiming that the Judiciary presided over the
swearing-in of Chief Administrative Secretaries while the matter was pending in
court,” read the statement.
“The statement is grossly misleading and
deliberately meant to discredit the Judiciary. The Judiciary has no role in the
swearing-in of Chief Administrative Secretaries. Similarly, the Judiciary does
not play any role in the swearing-in of Cabinet Secretaries and Principal
Secretaries.”
The statement added: “As such, no official of the
Judiciary was sent to State House to swear-in the 50 Chief Administrative
Secretaries. The Judiciary reaffirms its commitment to upholding the rule of
law and the Constitution.”
The 50 CAS were sworn in following their
appointment by President William Ruto 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 a petition
challenging their appointment process.
In a ruling delivered on Friday by Lady Justice
Hedwig Ong'udi, the court also barred the newly-appointed CASs from earning a
salary, remuneration, and any benefit pending the conclusion of the case filed
by the Law Society of Kenya (LSK) and Katiba Institute.
In the petition, LSK and Katiba Institute sued the
President and the Public Service Commission (PSC), while all the 50 CASs have
been listed as interested parties in the case.
The petitioners argue that by appointing 50 CASs,
the President violated Article 10 of the Constitution since he was “in the full
knowledge that only 23 positions were created and recruited for.”
“By creating the additional 27 positions, the
Respondents violated the binding constitutional principles, such the national
values and principles of governance, contrary to Articles 4[2] and 10,
particularly patriotism, national unity, the rule of law, democracy,
participation of the people, good governance, integrity, transparency
accountability and sustainable development.
"The latter is especially implicated due to
the additional, unsanctioned call on public finances to fund the irregular
positions,” read court documents.
The petitioners further argue that by creating
additional 27 offices in the public service, to be financed using public funds,
the President violated and threatened to violate Articles 201 and 228[5] which
call for prudent use of public resources.
LSK and Katiba Institute further submit that the
Public Service Commission has abdicated its roles under article 234 which are
to inter alia to establish public offices in compliance and subject to articles
10, 232 and all provisions of the constitution.
“Such abdication has enabled the 1st Respondent
(President) to establish 27 additional offices in violation of constitutional
dictates,” the court documents further read.
The case will be mentioned on March 28, 2023 for
further directions.
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