Digital strategist, Dennis Itumbi, on Thursday, July 6, filed a notice at the Court of Appeal, detailing his intention to contend the High Court judgment that nullified appointments of Chief Administrative Secretaries (CASs).
Through his lawyer, Adrian Kamotho Njenga, Itumbi voiced his discontent with the majority ruling that declared the appointment of 50 CASs unconstitutional.
Itumbi emphasised the need for the Court of Appeal to review the ruling rendered by a three-judge bench, in which Justice Hedwig Ong'udi dissented.
"Take notice that Dennis Njue Itumbi, the 22nd Interested Party herein, being dissatisfied with the majority decision and Judgment of the High Court (Hon. Justice Kanyi Kimondo and Hon. Justice Aleem A. Visram) given at Nairobi on 3rd July 2023 intends to appeal to the Court of Appeal against the whole of the said decision," read part of the notice.
"We request that you furnish us with certified copies of typed proceedings, judgment and decree to enable us to lodge an appeal. We undertake to pay the prescribed fees," Lawyer Kamotho stated.
The notice of appeal was filed with the Deputy Registrar of the High Court of Kenya at the Constitutional and Human Rights Division in Milimani Law Courts, Nairobi.
On Monday, July 3, Attorney General (AG) Justin Muturi appealed against the High Court ruling that invalidated the appointment of the 50 CASs.
AG Muturi stated that he was dissatisfied with the High Court ruling, which declared that public participation was not conducted before 27 more CAS positions were created.
Public Service Commission (PSC) had initially advertised for 23 CAS positions but later increased the number to 50 to accommodate Ruto appointees.
On July 3, 2023, the High Court Judges Kanyi Kimondo, Hedwig Ong'udi and Aleem Visram ruled that the creation of 50 Chief Administrative Secretaries (CAS) posts by President William Ruto was unconstitutional.
The court found that there was no public participation in creating 27 of the positions, although the guideline was applied in creating 23 positions.
The court's ruling was based on the section of the Constitution, which requires that public participation be undertaken before any new government office is created.
It thus found that the government had not complied with this requirement when it created the additional 27 CAS posts.
