Appointment of CAS Illegal Court Rules
The High Court has ruled that the positions of the CAs is Unconstitutional.
The three High Court Judge bench led by Justice Kanyi Kimondo, Justice Hedwig Ongundi and Justice Aleem Visram Declared that the creation of the offices did not follow the law saying that the president together with the Public Service Commission must abide by the law in creating offices.
“We Do not think that it was the intention of the framers of the constitution to have 50 CAs deputize 22 CSs,” Justice Kimondo
The court also added that the CAs did not attend an interview and stated that public participation did not take place.
“ it is disable that the process of public participation that was undertaken by the PSC was with reference from the later from the president to the PSC , which requested only for 23 posts on the flip side the sequence and procedure that led to the establishment of the 27 post did not adhere to the Constitution, added Justice Ongudi.
The CAs were appointed March this year by the President. The president defended his decision on why he had appointed the 50 CAs, saying that their role will be to help the Cabinet Secretaries in their duties.
CAs had assumed office despite a conservatory order barring them from doing so amid mounting opposition by the public. It has emerged that the 50 CASs had taken office with some having embarked on their new roles.
According to the 2010 Constitution Number of the Cabinet secretaries should be not less than 14 and not more than 22.
However, in the recent past the High Court also ruled out that the CAs position was Unconstitutional but the CAs proceeded to their offices.
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