The Court of Appeal declined an application to have the 50 Chief Administrative Secretaries appointed by President William Ruto begin work pending the hearing and determination of an appeal challenging their appointment.
In its decision, the Appellate Court stated that no concrete evidence had been presented to it to show that the absence of the CASs is jeopardizing service delivery to the public and that they had not demonstrated any consequences that would befall the people of Kenya by failing to assume office.
In a decision delivered by Court of Appeal Judges Mumbi Ngugi, K. M’inoti and F. Tuiyott, the three judges stated that they are not persuaded by the argument that the appeals will be rendered nugatory because the people of Kenya will be deprived of public service.
The court further ruled that they are not persuaded that the collective destiny of the people of Kenya lies in the hands of 50 CASs whose offices are seriously contested.
The Judges said they are not able to decipher any personal loss or damage that the applicants will suffer that is incapable of being compensated.
The High Court in its Judgement on July 3, 2023 had declared the office of the CAS as unconstitutional, null and void. The court quashed the appointment of the 50 CASs who had already been sworn into office.
