Lady Justice Monica Mbaru on Friday, November, 25 ruled against the Public Service Commission and the Attorney General's preliminary objection to its jurisdiction stating that indeed the Employment and Labour Relations Court has jurisdiction to determine the petition.
In the case, the Public Service Commission (PSC) and the Attorney General wanted the court to throw out the case and pave way for the recruitment of CASs to serve in President William Ruto's administration.
The respondents had filed that according to article 165(3), of the constitution, it is the High Court that had the authority to determine the legality of the actions of President William Ruto in establishing the office of Chief Administrative Secretary.
"The establishment of the office of Chief Administrative Secretary pursuant to Article 132(4) of the constitution as read with section 30 of the Public Service Commission Act, 207 as impugned in the instant petition does not fall within the ambit of this court's jurisdiction as outlined in section 12 of the ELRC Act as read with Article 162(2) of the constitution," read part of the ruling.
In her ruling, Justice Mbaru affirmed that it is within the jurisdictions of the Employment and Labour Relations Court to determine such matter as the one before it.
"The process of the establishment of the office of CASs is challenged and the petitioner is before the right forum to urge its case. Accordingly, objections by the 2nd respondent and with the concurrence of the 1st respondent are hereby found without merit and are hereby dismissed." read part of the statement.
The Law Society of Kenya had moved to court to challenge the establishment of the CAS position on grounds that the process lacked proper public participation and that its existence would cause financial strain to the country.
The petition by LSK faulted the commission for not providing members of the public with adequate information to help them make a critical analysis of the necessity of expanding the Cabinet beyond having Cabinet Secretaries and Principal Secretaries.
Former President Uhuru Kenyatta introduced the CAS positions in 2018, in a move that was geared towards enhancing the operations of Cabinet Secretaries.
