Nairobi — The 50 Cabinet Administrative Secretaries (CAS) appointed by President William Ruto will know their fate Monday when court makes its pronouncements on the matter.
President Ruto appointed the 50 CASs on March 22 after the National Assembly failed to vet them citing lack of jurisdiction on the matter.
However, on March 24, the High Court stopped the 50 CAS from assuming office pending the hearing and determination of a suit filed by the Law Society of Kenya (LSK) and the Katiba Institute.
Justice Hedwig Ong'undi also temporarily barred the 50 CASs from earning any salary, remuneration and any benefit until the court rules on the matter.
"Having read through the annexures, I am satisfied that interim conservatory orders are necessary. I therefore grant Prayer No 2 of the Notice of Motion in the interim," Justice Ong'undi said in March.
Petitioners contend that the President cannot constitutionally create an office in the Public Service except upon the express recommendations of the of the Public Service Commission.
They further argue that the President, by nominating the 50 CASs to the office, against an approved office establishment of 23 has unconstitutionally created 27 extra positions.
In citing 23 as the threshold, the petitioners relied on a model by Ruto's predecessor Uhuru Kenyatta who mandated CASs as assistants deputizing Cabinet Secretaries.
"Article 3 of the Constitution commands all interested parties to reject any unconstitutional appointment, office, or benefit as their personal obligation to defend and protect the constitution," the petitioners asserted.
'Fishing Expedition'
Presumed ICT Chief Administrative Secretary Dennis Itumbi filed an application on March 27 contesting orders by the High Court that barred him and his colleagues from assuming office.
Itumbi argued in his application that the petitioners were on "a fishing expedition".
"The reliefs sought in the petition are hopelessly futile. Their actions point to a serious conspiracy calculated to capture and subvert the operations of the government in pursuit of a personalized agenda that runs counter to the public interest," Itumbi said through his lawyer Adrian Kamotho Njenga.
He added that there being no law that guides the number of CASs to be appointed, the President was in order to increase the number.
"The court therefore should not render drastic reliefs as sought on the basis of legally non-binding proposals," he said.
President Ruto defended his decision to appoint 50 CAS to deputize 22 Cabinet Secretaries citing a huge workload.
While ventilating on public debate on the matter on May 15, he said despite reservations by a section of taxpayers on the appointments, the fifty designated as deputy ministers will deliver value for money.
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Ruto: CASs are essential
President Ruto explained that for him to implement the Kenya Kwanza Alliance manifesto, he needed more hands-on deck for efficient delivery.
"On appointing CAS that's the plan of my government. It's my decision and I see the need for CAS to be there in my government," said Ruto.
He argued top officials including Deputy Rigathi Gachagua and Prime Minister Musalia Mudavadi were overwhelmed with work to the point of losing weight.
"Today my deputy is almost sleeping in the office. Even Musalia is losing weight nowadays because of work. I need more workers because the agenda of changing Kenya requires more hands and minds," Ruto noted.
Some CASs were subsequently seen to undertake official duties despite a conservatory order barring them from doing so amid mounting opposition by the public.
Having been placed higher in the pecking order, CASs will be earning more than Principal Secretaries after the Salaries and Remuneration Commission (SRC) proposed a monthly pay of Sh780,000, putting them in the league of Kenya's top six best-paid officials in the public service.
An SRC advisory to the Public Service Commission (PSC) put the salary of a CAS at Sh765,188 following a job evaluation that put the position in a higher job grade.
Both Ruto and his predecessor have been seen to use the CAS positions to rewards loyalists who do not make it to Cabinet.
Article 152 of the Constitution prescribes the number of Cabinet Secretaries be not fewer than fourteen and not more than twenty-two.
