Kenya Kwanza to appeal judges' ruling on creation of CAS posts

A section of CAS appointees at a Milimani Court on July 03, 2023, during the reading of a judgement on their appointment. [Collins Kweyu, Standard]

The President William Ruto-led Kenya Kwanza regime is set to move to the appellate   court to challenge the High Court’s decision to declare the appointment of 50 Chief Administrative Secretaries (CASs) unconstitutional.

On a day that stakeholders elicited mixed reactions to the ruling, legislatures allied to the Kenya Kwanza Alliance expressed intent to move to the Court of Appeal.

“As a government, we must follow the rule of law and once the court has ruled, we must oblige and that is what I expect the President to do. We are however disagreeing with the ruling with facts and reasons and what the government needs to do is engage its best lawyers and head to the Court of Appeal where we can find an amicable solution to the matter,” said Mukurweini MP John Kaguchia.

“…For the 23 positions where their public participation was done, then they should be allowed to go on and allow the President regularise the other 27 positions,” said Kaguchia.

Drawing similarities from the former President Uhuru Kenyatta’s cabinet, the MP said there was need to bring more hands on board to aid the Head of State implement his manifesto.

Nandi Senator Samson Cherargei accused the Judiciary of going rogue by ruling that creation of CASs positions is unconstitutional “without considering merits of the case.”

“We shall appeal this decision that negates public interest and principles of natural justice… We cannot allow justice to be auctioned to the highest bidder or represent partisan interests or be gatekeepers of political machinations. This was not the intention of the constitution 2010,” said Cherargei.

The senator emphasized that whereas the Judiciary is an independent institution, it does not give them right to act excessively while enjoying unchecked power.

Sabatia MP Clement Sloya noted there was need for the Judiciary to objectively look at the matter and allow Ruto proceed with his cabinet as is. “I expect that the Attorney General will be putting up a very strong case of appeal to either have the 23 on board as plans are underway to regularise the 27,” remarked Sloya.

Azimio leader Raila Odinga yesterday weighed in on the ruling saying that the High Court had acted in accordance with the law.

“The court has acted correctly in doing what is right. They have just upheld the law by interpreting it correctly… Parliament makes laws and the Executive implements. If there is a dispute, then the courts interpret the laws and that is what they did,” said Raila during a press conference in Karen, Nairobi.

Law Society of Kenya (LSK) President Eric Theuri said there were no different rulings on the issue as claimed by a section of the public and noted that the matter of the constitutionality of the positions had been addressed.

“I expect the appellants, whoever they will be, to challenge the question of constitutionality or unconstitutionality of the positions…but in line with the earlier ruling by Justice Mrima, the positions had already been found unconstitutional so the High Court found no need to rule on a matter that had already been determined,” observed Theuri.

Lawyer Ahmednasir Abdullahi said the 2010 Constitution is a most powerful antidote to impunity and unchecked executive power. "It taught President Uhuru painful lessons. It will teach President William Ruto painful lessons. It will teach anyone who breaks it painful lessons.”