Newly inaugurated Chief Administrative Secretaries (CAS) have suffered a blow after a High Court barred them from assuming office.
Justice Hedwig Ongu’ndi ruled that the government officials should not receive their salaries or benefits until a case filed by the Law Society of Kenya (LSK) and Katiba Institute is heard and determined.
“Having read through the annexures, I am satisfied that interim conservatory orders are necessary,” said the judge.
The LSK, through its president Eric Theuri, argued that President William Ruto erred by increasing the number of CAS positions from 23 to 50.
Read: CAS Pay Rises to Sh780,000 Following SRC Review
“At the time of their application, only 23 vacancies lawfully existed. Through the unilateral decision by PSC to unconstitutionally and unlawfully create an additional 27 positions, there exist serious doubts as to the legality and irregularity of their appointments,” said the petitioners.
The two said that the PSC had abdicated its responsibilities, which allowed the President to create 27 new posts.
“There is an eminent threat of infringement of the Constitution if the interested parties proceed to assume office,” they added.
The case which was certified as urgent will be mentioned on March 28 for further directions.
Read Also: President Ruto Presides Over Swearing In of 50 CASs After Parliament Declines to Vet Them
The CASs were sworn in on Thursday at the State House after the National Assembly declined to vet them.
Speaker Moses Wetangula in a letter addressed to President William Ruto cited lack of constitutional authority to carry out the exercise.
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