The High Court in Kenya has ruled that the appointment of 50 Chief Administrative Secretaries (CAS) by the President did not meet the constitutional threshold.
The judges stated that while public participation was conducted for 23 CAS positions, it was not carried out for the additional 27 CAS positions which is a violation of the constitutional requirement.
Justice Kanyi Kimondo further noted that the framers of the Constitution 2010 did not anticipate that 50 CASs positions would be created to serve as deputies to the 22 Cabinet Secretaries.
Following the high court’s decision to reject the appointment of the 50 CASs, the government has two choices. Either appoint the 23 legal CAS and drop the 27 or appeal the ruling at the court of appeal.
The Law Society of Kenya (LSK) and others had moved to court challenging the appointment of 50 Chief Administrative Secretaries (CAS) by the president on March 2023.
The ruling was delivered on July 3, 2023, by Nairobi High Court judges Hedwing Ongundi, Kanyi Kimondo, and Visra Alnashir.
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