The fate of President William Ruto’s 50 Chief Administrative Secretaries hangs in the balance as they wait for today’s court ruling on whether they will assume office or their appointment will be declared null and void.
Three High Court judges — Justices Kanyi Kimondo, Hedwig Ong’undi and Alnashir Vislam — will rule on whether to uphold or quash the CASs’ appointment, a move that will determine if the President will have fully constituted his government or he will have to go back to the drawing board 10 months after he took office.
The ruling offers four options: It can give a lifeline to the affected individuals or dash their hopes for public office, or it will open a new door for a protracted court battle.
It will also be a major test on the relationship between the Judiciary and the Executive given that it will come just days after another judge stopped the implementation of the Finance Act until the case comes up on Wednesday.
If the judges approve the appointments, the CASs will immediately assume office since they have already taken the oath of office. They will also be paid for the months that they did not work after the courts ordered that they must not report for duty until the case is heard and determined.
President Ruto nominated the 50 individuals, many of them losers in last year’s General Election and supporters of the Kenya Kwanza administration.
Among the appointees were former Nairobi Governor Evans Kidero, former Kipkelion East MP Joseph Limo, digital strategist Dennis Itumbi, former Nominated Senator Millicent Omanga, former Nominated MP Isaac Mwaura, former Narok Governor Samuel Tunai and former North Eastern Regional Co-ordinator Mohamud Ali Saleh.
Others are former Laikipia Woman Representative Catherine Waruguru, former Kenya National Union of Teachers (Knut) Secretary-General Wilson Sossion and former Starehe MP Charles Njagua. Others are former MPs Benjamin Washiali, Kimani Ngunjiri and Margaret Wanjiru.
23 slots
Their appointment was put on hold after the Law Society of Kenya and two others challenged the President’s move on the grounds that the law only allowed him to appoint 23 CASs rather than 50. When the matter went to court, Justice Ong’undi issued orders stopping the CASs from assuming office and earning salaries pending the hearing and determination of the suit.
In its petition, LSK questioned the legality of the appointments, arguing that the Public Service Commission (PSC) had approved 23 slots.
