The High Court of Kenya has delivered it's ruling on the appointment of 50 Chief Administrative Secretary (CAS) terming it unconstitutional.

"The creation of 50 CASs had to comply with the Constitution and principles set out in the judgement in a case in 2021 by Okiya Omtatah in order to be lawfully established. It did not."

The three-judge bench further ruled that whereas there was public participation before the appointment of CASs, it was only limited to 23 CASs and not 50 as appointed by President William Ruto.

The ruling was made by a three-judge bench including Justices Kanyi Kimondo, Hedwing Ong’udi and Visram Alnashir.

"There was no public participation in the appointment of the extra 27 CASs. The establishment of the extra 27 CAS positions is unconstitutional," declared Lady Justice Hedwig Ongudi.

The High Court further faulted President William Ruto's administration for not subjecting the CASs upon selection by Public Service Commission (PSC) to vetting by the National Assembly.

The Court ruled that the role of CASs fell between a constitutional and State Office and hence there was a need for a parliamentary vetting.

"CASs are for all purposes assistant Cabinet Secretaries and Principal Secretaries are relegated to reporting to CASs and CSs," the High Court ruled on the need for vetting in the National Assembly adding that the CASs were supposed to earn more than PSs.

The three-judge bench in their ruling further questioned the wisdom of having 50 assistants to CSs when the Kenyan Constitution limited 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 CASs," the High Court ruled.

On Friday, March 24, the Law Society of Kenya (LSK) and Katiba Institute sued President William Ruto and the Public Service Commission (PSC) for contravening the constitution.

The two bodies argued that by appointing 50 CASs, President Ruto violated Article 10 of the Constitution which provided for the creation of 23 positions.

Pending the determination of the case, High Court Lady Justice Hedwig Ong'udi barred the CASs from earning any salary, remuneration, and benefit.