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03 July, 2023 – High Court has made a significant ruling declaring the appointment of President William Ruto’s 50 Chief Administrative Secretaries (CASs) unconstitutional. The court’s decision was primarily based on the lack of adequate public participation in the appointments.
A three-judge bench, with the majority opinion, pointed out that the appointment process did not adhere to public participation standards, as required by the Constitution. Judge Kanyi Kimondo specifically noted that the framers of the Constitution did not envision such a large number of CASs deputizing for 22 Cabinet Secretaries.
The ruling further clarified that there was no public participation in the appointment of the 27 additional CASs, as argued by the petitioners. This lack of public involvement was a crucial factor in the court’s decision.
President William Ruto had sworn in the CASs on March 23, after the National Assembly declined to vet them, citing a lack of constitutional authority to do so. However, the appointment was subsequently suspended following a legal challenge by the Law Society of Kenya and the Katiba Institute. These organizations argued that the law only permitted the President to appoint 23 CASs, rather than the 50 that had been appointed.
Justice Hedwig Ongudi also noted that the Public Service Commission failed in its duty, highlighting the lack of public participation in the appointment of the additional 27 CASs.
This ruling by the High Court has significant implications for President William Ruto’s administration, as it invalidates the appointment of all 50 Chief Administrative Secretaries. The decision underscores the importance of adhering to constitutional requirements and ensuring public participation in the appointment process.
