Court Extends Orders Against 50 CASs, Refers Case To Supreme Court

According to the judge, the case has raised serious questions for Kenya's posterity, thus the decision to refer the matter to the CJ.

Marvin Chege Marvin Chege
Mar 31, 2023 - 14:24 Updated: Mar 31, 2023 - 14:24
0
Court Extends Orders Against 50 CASs, Refers Case To Supreme Court
Cate Waruguru, Dennis Itumbi and Millicent Omanga taking their oath of office on March 23, 2023. /VIRALTEAKE

The High Court on Friday, March 31 extended the interim orders stopping the 50 newly appointed Chief Administrative Secretaries (CASs) from assuming office.

High Court Judge Hedwig Ong’undi further referred the case to Chief Justice Martha Koome for empanelment of the bench. CJ Koome sits at the Supreme Court of Kenya.

According to the judge, the case has raised serious questions for Kenya's posterity, thus the decision to refer the matter to the CJ.

“I find that this matter will answer to a number of issues for the posterity of our nation and jurisprudence so the best way forward is to refer this matter to the Chief justice for empanelment of the bench to hear the matter,” she said.

CJ Martha Koome during Supreme Court proceedings on the 2022 presidential election petition. /FILE

Justice Ong'undi further questioned the power of President William Ruto in establishing offices in the Public Service Commission (PSC).

“This brings to play the interpretation of article 234 of the constitution what the law says about the creation of offices in the public service and the juridical of this court in hearing an employment matter is also being challenged,” she added.

The interim order also saw the CASs barred from earning any salary, remuneration or any benefit. This is after the Law Society of Kenya (LSK) and the Katiba Institute sued President Ruto and the Head of Public Service over the creation of 50 CAS positions.

“At the time of their application, only 23 vacancies lawfully existed. Through the unilateral decision by PSC to unconstitutionally and unlawfully create an additional 27 positions, there exist serious doubts as to the legality and irregularity of their appointments,” the petition read in part.

The judge thereafter ordered LSK to serve interested parties, including the Attorney General, with the petition for their replies. 

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.

Interior Security Cabinet Secretary Kithure Kindiki on Monday, March 27 announced that his Ministry had assigned roles to three CASs, including Millicent Omanga.

Omanga was assigned duties in the State Department for Immigration and Citizen Services and will be in charge of the Civil Registration Services (CRS) reforms. The former nominated Senator will also serve in the National Registration Bureau (NRB) and the Department of Refugee Affairs (DRA).

Also assigned new roles in the Interior Ministry included Samuel Ole Tunai and Mohamud Saleh.

Ole Tunai was assigned responsibilities under the State Department for Internal Security and National Administration. Mohamud Saleh was allocated the State Department for Correctional Services segment where he will be in charge of reforms in the Kenya Prisons Service (KPS) and will also serve under the Borstal Institutions and the Probation Department.

Collage of Interior CAS Millicent Omanga and CS Kithure Kindiki. /FILE

Tags: