Huge blow to president Ruto as the Judiciary stops his 50 Chief Administrative secretaries from assuming office just days after the president presided over their swearing in.
The High Court of Kenya has yet again proved to president Ruto that Kenya as a Country is ruled by the rule of Law and that all the three arms of the Government are equal and independent.
This is after the High Court stopped the nwely sworn in CASs’ from assuming or continuing in office or earning any benefit or salary while a case by Katiba Institute and Law Society of Kenya against their appointments is pending in court.
“Upon perusal of the Petition, Notice of Motion and the Certificate of Urgency all dated 23/03/2023. I have equally read the supporting affidavits and annexures and I am satisfied that this is a very urgent matter and of great public interest. A similar matter PETITION E080/2023 was filed and is coming up for mention on 28/03/2023. In view of all this, I issue the following directions:1. Let the Petition and Notice of Motion be served on all the parties immediately.2. Any responses to filed and served by close of business on 27/03/20233. Having read through the annexures, I am satisfied that interim conservatory orders are necessary. I therefore grant Prayer No 2 of the Notice of Motion in the interim.4. Mention on 28/03/2023 at 12:00 noon for further directions.” ruled Justice H.I Ongudi.
Katiba Institute had challenged President Ruto’s decision of nominating 50 CASs’ contrary to the Law.
Katiba institute submits that On the 11 th October, 2022 the President accepted the recommendation of the Public Service Commission to establish 23 vacancies in the office of the Chief Administrative Secretary and requested the Commission to commence the recruitment process and the adverts for the position were issued on the 1? October, 2022.
However, the President by nominating 50 individuals to the office of the Chief Administrative Secretaries against an approved office establishment of 23 has unconstitutionally created 27 extra positions.
