The Cabinet has responded to the High Court ruling by Judge Antony Mrima which declared that nine CSs and all CASs were in office illegally.
Mrima ruled that President Uhuru Kenyatta did not adhere to the law when creating the Chief Administrative Secretary (CAS) jobs and that the nine CSs were not vetted when the President's second term commenced.
Speaking to Citizen TV on Tuesday, April 20, Jubilee Secretary General, Raphael Tuju, who also doubles as CS without portfolio said that the Cabinet was intact and was assessing the ruling.
"I can assure you that there is no panic in Cabinet and that there is no effect of this particular ruling until after May 29. If at all we are in disagreement with it, which I think we are, there is an appellate process and I believe the President adhered to the law.President Uhuru Kenyatta (right) with Jubilee Secretary-General Raphael Tuju (left) at the All Saints Cathedral, Nairobi in October 2015File
"He consulted the Public Service Commission (PSC) before creating the CAS roles as dictated by the Constitution. This does not mean that we do not respect the court. Courts are free to make judgements and we have the opportunities to appeal," Tuju played coy with the directive.
Tuju, one of the affected, along CSs Fred Matiang'i (Interior), James Macharia (Transport) and Joe Mucheru (ICT) added that the Attorney General would respond to the ruling and clarify the Cabinet's stand.
"If it affects me, I think the Attorney General (Paul Kihara) will have to enlighten me on that, I have not looked into it," Tuju added.
The Cabinet is expected to meet after the Covid-19 measures outlined by President Uhuru Kenyatta expire. The Head of State extended inter-county lockdown in Nairobi, Kajiado, Machakos, Kiambu and Nakuru to May 29.
He also extended the nationwide curfew to the said date and banned Cabinet meetings and political rallies.
According to law experts, the President, who is out of the country on a three-day state visit in DRC is facing a dilemma on whether to reconstitute the Cabinet or ignore the court ruling. Uhuru has been accused before of subverting the Judiciary.
"The person at fault to be fair is the Public Service Commission (PSC). There is a letter dated January 23, 2018, where the Office of the President sought advice from the PSC as to whether they can establish a new office known as Chief Administrative Secretary.
"The CSs that transitioned ought to have been vetted; some of them were not vetted, they now need to be vetted," Steve Ogolla, an advocate of the High Court said.The Milimani Law Courts in Nairobi as pictured on November 18, 2019Simon KiraguKenyans.co.ke
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