Court Deals Blow To Ruto's 50 Newly-Sworn In CASs

The ruling was made on Friday, March 24 pending the determination of a case filed by the Law Society of Kenya and Katiba Institute. 

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Mar 24, 2023 - 13:44 Updated: Mar 24, 2023 - 14:08
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Court Deals Blow To Ruto's 50 Newly-Sworn In CASs
President William Ruto poses for a photo with 50 newly appointed CASs at State House on March 23, 2023. /WILLIAM RUTO

The High Court has stopped the 50 newly appointed Chief Administrative Secretaries (CASs) from assuming office, a day after they were sworn in.

The ruling was made on Friday, March 24 pending the determination of a case filed by the Law Society of Kenya and Katiba Institute. 

According to the interim order given by Justice Hedwig Ongu’ndi, the CASs are also barred from earning any salary, remuneration or any benefit.

Cate Waruguru, Dennis Itumbi and Millicent Omanga taking their oath of office on March 23, 2023. /VIRALTEAKE

"Having read through the annexures, I am satisfied that interim conservatory orders are necessary. I, therefore, grant Prayer No 2 of the Notice of Motion in the interim," the Judge ruled.

The judge further ordered LSK to serve interested parties, including the Attorney General, with the petition for their replies. The case was certified to be urgent with its hearing date set for Tuesday, March 28 at 12 noon. 

The ruling comes after the CASs were sworn in during a colourful ceremony at State House on Thursday, March 23. Among those include Milicent Omanga and Cate Waruguru who were appointed to the dockets of Interior Affairs and Foreign Affairs respectively.

However, as they were sworn in, in court, where a petitioner wants the appointments declared illegal, the Attorney-General applied to have the name of the President struck out of the lawsuit.

The AG stated that the petitioner, Eliud Karanja Matindi, erred in suing the President in his personal capacity.

The CASs were appointed following communication from the Speaker that the National Assembly cannot vet them since there is no legal provision requiring the vetting.

The Employment and Labour Relations Court on Thursday, February 16 dismissed a case filed by the Law Society of Kenya (LSK) challenging the creation of the CAS post.

Justice Monica Mbaru ruled that the Public Service Commission (PSC) followed the due process of the law in creating and recruiting the intended officeholders, a ruling that gave the green light for the nomination and subsequent appointment of the CASs.

The CAS appointments however triggered a debate across various quarters, with the main focus being the constitutionality of the appointments such as the decision by President Ruto to increase the number of CASs to 50 as opposed to the 23 that the Public Service Commission (PSC).

Even before the court order was announced, Deputy President Rigathi Gachagua instructed recently appointed Interior Chief Administrative Secretary Millicent Omanga to help contain protestors in the planned anti-government protests on Monday, March 27, praising her work ethic as one that led to her appointment as Interior CS Kithure Kindiki’s deputy in the ministry.

“The president has appointed her to a very crucial role in the Ministry of Interior and National Administration. She is Kithure Kindiki’s assistant and she will help us.

“On Monday, I want you to get ready in jeans and rubber shoes. If Azimio protestors plan to destroy property I want you to show your claws, we know you,” Gachagua said in Kisii County during the thanksgiving service of Education CS Ezekiel Machogu.

President William Ruto shakes Millicent Omanga's hand during the swearing-in of 50 newly appointed CASs at State House on March 23, 2023. /STATE HOUSE KENYA

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