Former ICT CAS appointee, Dennis Itumbi has moved to the Court of Appeal to challenge the High Court decision that declared the 50 Chief Administrative Secretaries positions unconstitutional, null and void.
The former ICT CAS appointee says that he will continue to suffer adverse effects of inherently incompatible orders emanating from the two superior courts of equal jurisdiction.
“The applicant will remain in a state of career purgatory, since he can neither serve in the office to which they were legally recruited nor can they seek other gainful employment since their fate is indeterminate,” submitted Itumbi in Court papers.
In the appeal, Itumbi claims that the three High Court judges erred in law and fact in finding that the office of Chief Administrative Secretary was created by President William Ruto and Public Service Commission.
“The learned judges erred in law and fact in declaring as unconstitutional the entire complement of 50 Chief Administrative Secretaries, appointed vide Gazette Notice dated 16th March 2023 whose notification was published on 22nd March 2023, yet the matter is still pending adjudication before a higher Superior Court,” reads court papers.
He asked the Court of Appeal to grant an interim stay of execution of the judgment and orders of the High Court issued on July 3, 2023.
