Nairobi — The Appellate Court has certified as urgent Dennis Itumbi's appeal against the ruling declaring the post of Chief Administrative Secretary (CAS) unconstitutional.

According to his lawyer, the matter will now be heard by a 3-Judge Bench constituted by the President of the Court of Appeal.

Itumbi has further been directed to serve the application on the respondents within two days.

The respondents have also been ordered to file and serve a replying affidavit on the applicant within two days upon receipt of the application.

While making the ruling, the majority of the 3-judge bench stated that there was no adequate public participation.

Judge Kanyi Kimondo further stated that the framers of the Constitution did not envisage that 50 CASs would deputize 22 Cabinet Secretaries.

"Was there Adequate participation? The petitioners had argued that the appointment did not adhere to public participation especially in the 27 CAS. The judges say that there was no public participation in the appointment of the 27 more CASs," he ruled.

President William Ruto swore in the CAS on March 23, after the National Assembly declined to vet them, saying it had no constitutional authority to do so.

The appointment of the CASs was suspended after the Law Society of Kenya and the Katiba Institute challenged the President's move on the grounds that the law only allowed him to appoint 23 CASs rather than 50.

Justice Hedwig Ongudi said the Public Service Commission failed in their mandate citing that no public participation in the appointment of the extra 27 CASs was conducted.