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President William Ruto has suffered a setback after The High Court issued orders barring recently-appointed Chief Administrative Secretaries (CASs) from assuming office pending the hearing and determination of a petition challenging their appointment.
The ruling that was delivered on Friday, March 24 by Friday by Lady Justice Hedwig Ong'udi also directed that the 50 CASs should not earn a salary, remuneration or any other benefit pending the conclusion of the case which will be mentioned on March 28, 2023 for further directions.
LSK and Katiba Institute moved to court and sued the President and the Public Service Commission (PSC) with the 50 CASs listed as interested parties.
In their petition, LSK and Katiba Institute maintain that the President violated the constitution by appointing 50 CASs when he was in full knowledge that “only 23 positions were created and recruited for.”
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“By creating the additional 27 positions, the Respondents violated the binding constitutional principles, such the national values and principles of governance, contrary to Articles 4[2] and 10, particularly patriotism, national unity, the rule of law, democracy, participation of the people, good governance, integrity, transparency accountability and sustainable development.
"The latter is especially implicated due to the additional, unsanctioned call on public finances to fund the irregular positions,” read court documents.
READ: CAS nominees bypass parliament vetting as Ruto makes appointments official
Further, the petition notes that the Head of State, by appointing additional 27 CASs to public offices, the taxpayer would be over-burdened as the President violated and threatened to violate Articles 201 and 228[5] which call for prudent use of public resources.
Politicians featured prominently in the list with the President by-passing parliament to swear in the appointees.