Dennis Itumbi changes Twitter bio after court declares CAS posts illegal

Dennis Itumbi

Dennis Itumbi takes oath of office as a CAS on March 23, 2023.

Photo credit: PCS

Soon after the High Court declared President William Ruto's appointment of 50 Chief Administrative Secretaries (CAS) unconstitutional, Mr Dennis Itumbi, a close ally of the President, changed his status on his social media account.

The Chief Administrative Secretary in the ICT ministry was among the 50 CASs sworn in at State House, Nairobi, in March.  

Soon after the swearing-in ceremony on March 23, 2023, Mr Itumbi changed his status on his social media account to reflect his new position in the Executive.   

His Twitter account status reads: “Come Here, Go there…The Home of Dreams…#SystemYaFacts…#GOKInteracts.” 

Until the court’s decision was made on Monday, Mr Itumbi’s status read “The Cabinet Administrative Secretary Nominee”.

The last time he used the “come here, go there” phrase was in February when he was appointed by Sports Cabinet Secretary Ababu Namwamba to Talanta Hela Council.

He seems to have a good relationship with President Ruto and his deputy Mr Rigathi Gachagua. Some of the CASs have, however, not changed their status on their Twitter accounts.

The bio of Mr Isaac Mwaura, who was nominated as CAS in the office of Prime Cabinet Secretary reads: “CAS (Dept Minister) Office of the Prime CS,” Mr Mwara.

“Deputy Cabinet Secretary - Ministry of Interior,” Millicent Omanga’s status reads.

“Chief Administrative Secretary, Ministry of Interior and Public Administration, Republic of Kenya,” the account of former Narok governor Samuel Tunai reads.

“Chief Administrative Secretary State Department for Foreign Affairs of the Republic of Kenya,” former Laikipia Woman Representative Cate Waruguru’s account reads.

The ruling has, however, rattled a section of lawmakers including Nandi Senator Samson Cherargei who claimed that the Judiciary has gone rogue.

In a majority decision on Monday, two judges ruled that there was ‘some reasonable public participation’ on the first complement of the 23 CASs, there was no such participation regarding the additional complements of 27 office holders. 

And for that matter, the failure to adhere to the constitutional requirement makes the entire list of 50 CASs, illegal.

The judges said although the Court of Appeal preserved the original office created by former President Uhuru Kenyatta in January 2018, once the office was abolished by the Public Service Commission in September 21, 2022, the newly created office and complement of 23 office holders could no longer benefit from that suspension.

“Accordingly, the newly created office and fresh complement of 50 had to comply with the constitution and the criteria set out earlier in Okiya’s (Omtatah) case in order to be lawfully established. They did not comply. For the avoidance of doubt, the entire complement of 50 CASs is, therefore, unconstitutional," Justices Kanyi Kimondo and Aleem Visram said. 

Justice Hedwig Ong’udi dissented saying the establishment of 23 CAS posts was constitutional. However, the additional 27 posts created in the gazette notice was unconstitutional. 

The judges said the suspension of the decision quashing the creation of the CAS posts did not reverse the decision rendered by the High Court in the case filed by Busia senator Okiya Omtatah.