Shut out holders of the now-illegal CAS position
The position of Chief Administrative Secretary (CAS) has, for the second time, been declared unconstitutional. Following the High Court ruling, the jobs of 50 officials that President William Ruto named to the position are null and void. The appointees, who have been hovering around government offices despite being barred from assuming office, should find something else to do.
The court found that since there was “reasonable public participation” on the appointment of only some of the CASs, the entire list of 50 is illegal. The judges further said the framers of the Constitution had no intention of creating the positions to deputise the 22 Cabinet secretaries.
Besides the duplication of the role of principal secretaries by creating another layer of administration, the CAS position does not come cheap. A hefty salary of Sh765,188 and allowances are the reward for the cronies of the top leaders, sycophants and party charlatans. The ruling is, therefore, a victory for not just the petitioners, including the Law Society of Kenya and Katiba Institute, but also the entire country as the removal of the officials will ease the bloated public sector wage bill.
In yesterday’s ruling, Justices Kanyi Kimondo, Hedwig Ong’udi and Aleem Visram said that although public participation was conducted for 23 occupants, the additional 27 did not adhere to that vital constitutional requirement.
The 50 CASs were sworn in on March 23 after the National Assembly, interestingly, declined to vet them, citing lack of constitutional authority to do so. The High Court then barred them from assuming office and earning a salary or allowance, pending the determination of the petition.
The first time the position was quashed was in April 2021, by the High Court, having been created by then-President Uhuru Kenyatta in 2019. The Jubilee government, in which Dr Ruto was Deputy President, blatantly defied the court order.
Now that he is in charge, and going by his pledge, President Ruto must demonstrate his commitment to the rule of law and justice by obeying the court order. Unless those who may feel aggrieved by the decision successfully appeal it, the CASs are strangers who must keep off government affairs.
