Court Declares Ruto's 50 CAS Positions Unconstitutional
The ruling was made on Monday, July 3 by a three-judge bench consisting of Justices Kanyi Kimondo, Hedwing Ong’udi and Visram Alnashir.
Marvin Chege 
The High Court has declared President William Ruto’s appointment of 50 Chief Administrative Secretaries (CASs) unconstitutional.
The ruling was made on Monday, July 3 by a three-judge bench consisting of Justices Kanyi Kimondo, Hedwing Ong’udi and Visram Alnashir.
Justice Ong'udi ruled that there was no public participation regarding the appointment of the additional 27 CASs, though there was public participation before the appointment of CASs but only limited to 23 CASs and not 50 as appointed by Ruto.
From left: High Court Justices Kanyi Kimondo, Hedwing Ong’udi and Visram Alnashir. /ZAKHEEM RAJAN
"There was no public participation in the appointment of the extra 27 CASs. The establishment of the extra 27 CAS positions is unconstitutional.
"For the avoidance of doubt, the entire complement of 50 CASs is therefore unconstitutional," Justice Ong'udi ruled.
The High Court also accused President Ruto of not subjecting the CASs who were selected by the Public Service Commission (PSC) for vetting by the National Assembly.
The court ruled that the CAS was a position between a constitutional and State Office, thus appointees need to be subjected to Parliamentary vetting.
"CASs are for all purposes assistant Cabinet Secretaries and Principal Secretaries are relegated to reporting to CASs and CSs," the court ruled.
The High Court also questioned the government's move to appoint 50 assistants to Cabinet Secretaries (CS) when the Constitution of Kenya capped the maximum number of CSs to 22.
"We do not think it was the intention of framers of our Constitution to have 50 CASs deputising 22 CSs," added the court.
How The Case Challenging Ruto's Appointment of 50 CASs Unfolded
On Friday, March 24, the Law Society of Kenya (LSK), Katiba Institute, Activist Eliud Matindi and Multi-Touch International challenged the appointments and asked the court to quash the same.
Pending determination of the case, the interim order also saw the CASs barred from earning any salary, remuneration or any benefit.
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).
President William Ruto poses for a photo with 50 newly appointed CASs at State House on March 23, 2023. /WILLIAM RUTO
President Ruto however defended the appointment of the CASs, referring to a huge workload to fulfil the promises he made during his campaigns.
“On appointing CAS that’s the plan of my government. It’s my decision and I see the need for CAS to be there in my government."
“Today my deputy is almost sleeping in the office. Even Musalia is losing weight nowadays because of work. I need more workers because the agenda of changing Kenya requires more hands and minds,” Ruto stated during a joint media interview on May 14, 2023.
