Barely three weeks into power, President William Ruto and his deputy Rigathi Gachagua have began experiencing pushback majorly from the courts of law.
On Wednesday, October 12, the Employment and Labour Relations Court suspended the Public Service Commission (PSC) drive to fill 21 Chief Administrative Secretary (CAS) positions under the guidance of the Head of State.
The petition was filed by the Law Society of Kenya (LSK) shortly after the advertisement was sent out arguing that the position was unnecessary and costs the taxpayers money.
LSK added that the duties under the position could be comfortably handled by the Principal Secretaries - who are 47 in total.
In her ruling, Justice Monica Mbaru suspended the recruitment drive until the case was heard and determined.
She further directed that the hearing be scheduled for October 24.
“In the interim, to allow service upon the respondent an order of stay of implementation of the process of establishment of the officer the Chief Administrative Secretary in the Public Service be and is hereby issued,” she riled.
The position, which was created by former President Uhuru Kenyatta in 2018, has been under constant scrutiny over its legality.
It was mandated with providing liaison with the National Assembly and Senate, providing liaison with County Governments on matters of concurrent mandate as well as Providing inter-ministerial coordination among others.
In April 2021, High Court Judge Antony Mrima dealt a blow to the position after declaring it illegal noting that the law was not followed while they were being created.
At the time of creation, 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.
In September, roughly a week after his inauguration, Ruto invited the public to offer their comments to affirm the legality of the position.
The public was notified that the state intended to create the post after former President Uhuru Kenyatta's decision move to introduce the position was declared illegal by the High Court.
On Wednesday, PSC announced the vacancies and invited applications from qualified candidates.