Several Chief Administrative Secretaries (CASs) appointees on Monday, July 3, responded to the High Court ruling which declared their appointment unconstitutional.
Addressing the media after the ruling at Milimani Law Courts, the former CASs appointees led by former Kisii Deputy Governor Joash Maangi explained that the majority of the judges erred in their determination noting that the latest ruling contradicted one delivered five years ago.
Maangi noted that they were disappointed by the court's decision, but that they would respect the ruling. He also explained that they would continue to fight for what they described as their fair appointment.
"There are records that this matter upon which this court ruled had been withdrawn, and there are records to show that the matter was withdrawn. It, therefore, baffles us when the court ruled on a matter that had been withdrawn from the litigation process.
"The majority of the judges also ruled and granted prayers which were never sought by the court. We do not understand how judges could decide to grant orders which were not sought by the applicants," Maangi wondered.
Adding his voice to the matter, former Senator Isaac Mwaura noted that even though the High Court nullified their appointments, they will seek legal redress at the Court of Appeal.
Mwaura who was not happy with the manner in which the matter was handled stated that the court unjustly denied them a chance to serve the people of Kenya.
"We too are Kenyans. Why would the court handle this matter without due consideration of the fact that the matter had been sufficiently litigated, and a decision was made that CAS positions were legal and constitutional," Mwaura wondered.
Earlier on, the High Court ruled that the creation of 50 CAS positions was unconstitutional. The court ruled that the President did not have the authority to create the positions without public participation and subsequent approvals as envisaged in the constitution.
The court's ruling is a major blow to President William Ruto, who created 50 CAS positions for his political allies in April 2023. Most of those appointed were election losers or veteran politicians who wielded substantial political capital to boost the president's re-election chances in the 2027 presidential election.
In Retired President Uhuru Kenyatta's administration, the CASs were responsible for overseeing government departments and agencies, and were seen as a key part of the regime.
The court's ruling is also a victory for the Law Society of Kenya (LSK) and the Katiba Institute, a constitutional activism organisation that challenged the creation of the CAS positions in court.
LSK and Katiba Institute argued that the positions were unconstitutional because they were not provided for in the Constitution. They also argued that carving out the position gave the President too much power.
Mwaura noted that the court's ruling was likely to have a significant impact on the Kenyan government, noting that it was possible that the CASs will have to be removed from office.
