Court of Appeal Declines to Uphold Cabinet Administrative Secretaries Positions


Court of Appeal on Tuesday declined to suspend orders declaring the appointment of Chief Administrative Secretaries (CAS) position unconstitutional. 

This follows the application filed by nominees led by Attorney General and digital strategist Dennis Itumbi, seeking to revert the initial decision.

“Taking all the foregoing into account, we are not persuaded that the applicants have satisfied us that their appeal will be rendered nugatory if we do not stay the execution of the impugned judgment by the High Court,” read part of the ruling by the Court of Appeal judges Kathurima M’inoti, Mumbi Ngugi, and Francis Tuiyott. 

“Having failed to satisfy both limbs under rule 5(2) b of the Court of Appeal rules, this application fails and is dismissed with costs to those of the respondents in the four applications who appeared and opposed the applications. It is so ordered.”

A photo of the Court Bench

Photo

The Judiciary of Kenya

The Appellate Court in its ruling noted the petitioners had failed to demonstrate the effects that Kenyans might face in the case where the appointment of the 50CASs is delayed. 

The petition which was contrasted by lawyers representing Katiba Institute and the Law Society of Kenya argued that the reasons presented to the court by the petitioners were baseless.

Attorney General Justin Muturi who was a petitioner in the case through a government barrister Shadrack Mose argued that the High Court which declared the positions of CASs unconstitutional, restricted the powers of the president that allowed him to make state appointments. 

According to the state lawyer, the appointments were done at the right time and met the statutory threshold for the appointment of state officers.

Meanwhile, Deniss Itumbi through lawyer Adrian Kamotho admitted that Kenyans would greatly benefit if the High Court’s decision is dismissed, further maintaining that the office of the CASs was constitutionally established.

According to Itumbi, the High Court had done a disservice to the 50CASs maintaining that they had been denied their right to disseminate services to Kenyans and further an opportunity to earn salaries.

The pronouncement by the Appellate Court comes barely a week after Majority Leader in the National Assembly Kimani Ichung’wah fronted a bill seeking to revive the positions by amending the National Government Administration Laws.

In his bill, the Member of Parliament for Kikuyu Constituency wants the establishment and further outline of the specific functions of the Head of the Public Service and Cabinet Administrative Secretaries.

National Assembly Majority Leader Kimani Ichung’wah addresses a crowd during an event in Kirinyaga County on March 18, 2023.

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Kimani Ichung’wah





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