President William Ruto has been given green light to appoint cabinet administration secretaries (CAS).
The Employment and Labour relations Court threw out the complaint contesting the CAS appointments.
The appeal was submitted by the Law Society of Kenya (LSK) on the grounds that the Public Service Commission (PSC) lacked sufficient public involvement and that its establishment would put the country in financial jeopardy.
Justice Monica Mbaru ruled on Thursday that the PSC’s decision to create the position was legal and that the government may proceed with the nominations.
The court had halted the appointment of the CASs in October pending the outcome of the case’s hearing and determination.
LSK had previously urged anyone interested in applying for CAS posts not to get caught up in what they calls an illegal procedure.
LSK’s petition criticized the commission for failing to provide members of the public with appropriate information to assist them in making a critical assessment on the need to enlarge the Cabinet beyond Cabinet Secretaries and Principal Secretaries.
“Remember the Constitution has already set the two positions for CS and PS. if you are creating another position then you need to give a justification, which is what the law requires, in terms of a workload analysis so that the public is able to look at that and say vis-a-vie the roles of the PS and the CS, this role is necessary,” the LSK boss, Eric Theuri had said.
Former President Uhuru Kenyatta established the CAS posts in 2018, with the goal of improving the operations of Cabinet Secretaries.
Critics, on the other hand, claimed it was the result of a bloated Executive designed to reward political allies at the expense of Taxpayers.
