A three-judge bench has ruled that the appointment of Chief Administrative Secretaries (CASs) by President William Ruto was unconstitutional. Appointees, many of whom lost various races in the 2022 General Elections, will be the biggest losers following the ruling.
Ruto had nominated 51 CASs, sparking widespread discontent and concerns over a bloated executive and a ballooning public wage bill, even as the appointments primarily rewarded the President’s political allies and supporters in last year’s polls. The CASs were sworn in in March this year.
A three-judge bench ruled that the Public Service Commission (PSC) failed to prove that it conducted public participation on the appointment of 27 CASs, as per requirements of the Constitution, with the entirety of the CAS appointments deemed unconstitutional.
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Parliament had failed to vet the CAS nominees, with Speaker Moses Wetangula noting that there was no provision for Chief Administrative Secretaries to be vetted by the National Assembly.
“The obligation to respect, uphold, and defend the Constitution enjoins the House to refrain from assuming and discharging a role that it has not been expressly assigned by the Constitution or written law,” read part of Wetangula’s memo at the time.
“In that regard, the National Assembly is unable to vet the nominees in the absence of an express constitutional or statutory requirement to do so.”
Among those Ruto had nominated to serve as Class in various ministries are former Nairobi Governor Evans Kidero, former Nominated Senator Millicent Omanga, Kenya Kwanza digital strategist Dennis Itumbi and former Nominated MP Isaac Mwaura.
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