Itumbi Loses In Bid To Save Ruto's 50 CASs

The Court of Appeal on Friday, May 26 dismissed an appeal by ICT Chief Administrative Secretary (CAS) Dennis Itumbi seeking to allow him and his 49 fellow CASs to commence their duties.

Appellate court judges, Hellen Omondi, Imaana Laibuta and Ngenye Machari rejected Itumbi's request to vacate the orders of the High Court barring the CASs from assuming office and drawing salaries from public coffers.

"We find the appeal application by Itumbi is premature and is hereby dismissed," the three-judge bench ruled.

The judges added that they cannot inquire on a matter that was live at the High Court.

They dismissed the application on the same day a three-judge bench sitting at the Milimani High Court heard that the appointments were illegal and a nullity in law.

Justice Kanyi Kimondo, Hedwig Ong'undi and Alnashir Vislam set July 3, 2023, as the day to determine the fate of the 50 CASs appointed by President William Ruto on Wednesday, March 22.

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.

Itumbi sought to vacate the orders barring them from assuming office on the grounds that they will suffer a substantial loss in that they will remain in a state of "career purgatory" since their appointment can not take effect.

According to the ICT CAS, they cannot secure employment elsewhere as they have been appointed to and sworn-in in their current respective offices.

"Since the appointees can neither serve in the office to which they were recruited nor seek other gainful employment; the balance of convenience tilts in favour of sustaining the appointment of the CASs to facilitate seamless service delivery within the Public Service," Itumbi argued.

"The application before this court and the intended appeal is premature, as the matters to which they relate are yet to be heard and determined by the High Court," the petitioners in the High Court; LSK, Katiba Institute and Matindi countered.

Itumbi was among 50 CASs sworn in on March 23, 2023, in an event presided by President Ruto.

They were stopped the following day from assuming office, with Justice Hedwig Ongu’ndi of the High Court of Kenya barring them from assuming office on Friday, March 24 pending the determination of the case filed by the petitioners.

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.