Court Suspends Ruling That Declared Uhuru's Appointments Unconstitutional

  • President Uhuru Kenyatta addresses journalists after commissioning hospitals on Tuesday night, July 6.
    President Uhuru Kenyatta addresses journalists after commissioning hospitals on Tuesday night, July 6.
    PSCU
  • Court of Appeal suspended a High Court ruling that declared President Uhuru Kenyatta's appointments to his cabinet as unconstitutional.

    In a case filed by Attorney General Paul Kihara Kariuki, President Kenyatta emerged victorious in his decision to create the position of Chief Administrative Secretary (CAS) and failure to subject Cabinet Secretaries to fresh vetting and approval by Parliament.

    Mr Kariuki, through State Counsel Charles Mutinda in his submission, argued that if the orders granted by Judge Anthony Mrima are not stayed, the position of CAS will cease to exist.

    Foreign Affairs Chief Administrative Secretary Ababu Namwamba in his office.
    Foreign Affairs Chief Administrative Secretary Ababu Namwamba in his office.
    File

    Mutinda added that the CAS and CSs will not only lose their jobs but will also be questioned over some of the actions they took during their tenure.

    Mutinda further argued that the execution of Judge Mrima's orders will leave President Uhuru Kenyatta with a cabinet that is not properly constituted.

    He claimed that the order will hurt the public as the government will not be able to function optimally. Further, he said that it is impossible to comply with the High Court Order bearing in mind President Uhuru has only a few months left before he exits the stage.

    "It is our findings that although there is already an inbuilt stay granted by the trial court, public interest underpinning the substratum of the intended appeal would demand that we affirm the interim orders," Judges Roselyne Nambuye, Wanjiru Karanja, and Agnes Murgor ruled.

    The post of CAS was created by President Uhuru in 2018. In a ruling on Tuesday, April 20, Judge Mrima declared all the 29 posts held by CAS unconstitutional.

    Some of the influential leaders occupying the CAS posts include Ababu Namwamba (Foreign Affairs), Rachel Shebesh (Public Service and Gender), Ken Obura (East African Community), Mercy Mwangangi (Health), Gideon Mung'aro (Lands), Beatrice Elachi (Public Service and Gender) among others.

    President Uhuru explained that individuals who occupy the CAS position would be responsible for helping the Cabinet Secretaries to better coordinate affairs in their respective ministries.

    “I have decided to establish a new position in government, the position of Chief Administrative Secretary in all our ministries,” Uhuru stated at the time of the creation of the post.

    Health Chief Administrator Dr Mercy Mwangangi
    Health Chief Administrator Dr Mercy Mwangangi
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