Chief Justice Martha Koome has appointed a three-judge bench to hear and decide petitions challenging President William Ruto’s decision to appoint 50 Chief Administrative Secretaries (CASs).
The essence of the legal dispute is that the President appointed 27 additional CASs after the Public Service Commission (PSC) allegedly recommended 23.
CJ Koome has tusked justices Kanyi Kimondo, Hedwig Ong’udi, and John Onyiego with handling the two petitions filed last month.
The first petition was filed by rights activist Eliud Matindi, and the second by the Law Society of Kenya and the Katiba Institute. The High Court has since issued a temporary order prohibiting the CASs from taking up their respective positions or drawing public salaries.
Justice Kimondo will be the presiding Judge.
CJ Koome appointed the bench after the court established that the two petitions raised significant legal issues, such as the president’s power to appoint people to public service.
“This matter is of great public interest because of the economic times we are operating in. The powers of the President in public service are questioned. The jurisdiction of the court is also challenged. Was this matter prematurely filed, and should the President be struck out from the proceedings?” asked Justice Ong’udi when referring the file to the CJ to expand the bench.
Some of the parties such as Mr. Itumbi, the Attorney-General, PSC and the Salaries and Remuneration Commission have since questioned the High Court’s authority to hear the dispute.
They hold that the dispute falls within the ambit of the Employment and Labour Relations Court. The petitions were filed at the Constitutional and Human Rights Division of the High Court.
