Nairobi — The International Commission on Jurists (ICJ Kenya) has welcomed the High Court's ruling declaring the appointment of Chief Administrative Secretaries (CAS) unconstitutional.
ICJ Kenya Chairman Protas Saende stated that the decision by the three-judge bench reinforces the adherence to constitutional provisions and that positions within the governance system must be done within the constitutional framework.
"It reinforces the principle that every action and appointment by the Executive must be grounded in constitutional legitimacy, ultimately serving the best interests of the Kenyan people," he said.
The ruling, delivered on Monday by Justices Kanyi Kimondo, Hedwig Ong'udi, and Aleem Visram, stated that while there was reasonable public participation in the creation of 23 CAS positions, no such participation occurred for the additional 27 positions.
The Commission of Jurists implored the Public Service Commission (PSC) to address the unconstitutionality cited in the judgment or otherwise appeal the decision through the relevant channels.
"We call upon the relevant government authorities, such as the Public Service Commission, to respect the court's decision and take immediate steps to address the unconstitutional aspects highlighted in the judgment and, if aggrieved, to follow the appellate channels to appeal the decision," Saende stated.
ICJ Kenya termed the High Court ruling as an assertion that Judiciary has put its best foot forward to ensure that the Executive doesn't overstep their mandate.
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"This judgment reaffirms the importance of separation of powers and the need to preserve the checks and balances that underpin our democracy," said Saende.
Attorney General Justin Muturi has filed a notice of appeal on Monday's High Court ruling that invalidated the appointment of 50 Chief Administrative Secretaries (CASs) by President William Ruto.
On March 22, President William Ruto appointed the 50 CASs after the National Assembly failed to vet them, citing a lack of jurisdiction.
However, the High Court halted the assumption of office by the 50 CASs on March 24, following a lawsuit filed by the Law Society of Kenya (LSK) and the Katiba Institute.
Presumed ICT Chief Administrative Secretary Dennis Itumbi, one of the appointed CASs, subsequently filed an application on March 27 contesting the court's orders that barred him and his colleagues from assuming office.
Itumbi argued that the petitioners were engaged in a fruitless endeavor, asserting that their actions sought to undermine the government's operations for personal gain, contrary to the public interest.
He further contended that since there was no legislation guiding the number of CASs to be appointed, the President had acted within his prerogative by increasing the number.
