Nandi Senator Samson Cherargei has criticised the High Court’s decision to halt the appointment of the 50 Chief Administrative Secretaries.
A three-judge panel found that the law was not followed in the establishment of the said office.
Cherargei stated in a statement that the High Court ruled the positions unconstitutional without considering the merits of the case.
“The Judiciary has gone rogue by ruling that creation of CASs positions is unconstitutional without considering merits of the case,” he said.
He claimed that the Judiciary received an additional 4 billion over their normal budget in the 2023-2024 budget.
“In the FY 2023/24 Judiciary received additionally 4B above their normal budget but they is a continuation of cases backlog, corruption and ineptitude in dispensation of Justice by Judiciary,” he added.
Cherargei further revealed that they shall appeal the high court’s decision.
“We shall appeal this decision that negates public interest and principles of Natural justice. Who will watch the watcher?” He posed.
This comes after the High Court revoked President William Ruto’s appointment of 50 Chief Administrative Secretaries on account of lack of public participation.
Two of the three Judges (Justices Kanyi Kimondo and Visram Alnashir ) ruled that the appointment of the 50 CAS violated Section 27 of the Public Service Commission Act hence null and void.
“The procedure of establishing an office in the public service Commission has a basis in the Constitution…in undertaking that procedure, the president and the public service commission must be guided by the Constitution.” Ruled Justice Kimondo.
“The office of CAS lies somewhere between CS and PS which undergo Parliament petting…pursuant to the gazette notice, the CAS were placed in a higher job group that the PS. We find that whereas the president has the power to create additional positions in the public service commission, the appointment has to undergo Parliament petting” proceeded Justice Kimondo.
The judges further ruled that it was not the intention of the framers of the Constitution to have 50 Chief Administrative Secretaries deputising 22 Cabinet Secretaries.
