Senator Cherargei: We'll appeal High Court ruling on CASs

Nandi Senator Samson Cherargei. [Elvis Ogina, Standard]

Nandi Senator Samson Cherargei has announced that he will appeal the High Court ruling that halted the appointment of 50 Chief Administrative Secretaries (CASs).

Taking to Twitter after the court ruling on Monday, July 3, Cherargei criticized the court's decision, stating that it disregarded the merits of the case.

"The Judiciary has gone rogue by ruling that the creation of CAS positions is unconstitutional without considering the merits of the case," said Cherargei

Cherargei expressed his disappointment, pointing out that despite the Judiciary receiving an additional budget of Sh4 billion in the FY 2023/24, there is still a persistent backlog of cases, corruption, and inefficiency in dispensing justice.

He emphasized that the court's decision goes against the interests of the public and the principles of natural justice.

He further stated that they will pursue an appeal to address these concerns.

"We shall appeal this decision that negates public interest and principles of Natural justice. Who will watch the watcher ?"

Cherargei's decision comes after the High Court in Nairobi invalidated the appointment of the 50 Chief Administrative Secretaries, deeming it "unconstitutional."

The three-judge bench, consisting of Justices Hedwig Ong'udi, Kanyi Kimondo, and Aleem Visram, argued that while there was public participation for the initial 23 positions, the same was not done for the newly created 27 positions.

The court also ruled that the Public Service Commission (PSC) had failed in its mandate by creating the additional 27 CAS positions without public participation.