The High Court has warned the 50 newly appointed Chief Administrative Secretaries against assuming their respective offices.
Justice Hedwig Ong’undi on Friday March 31 issued a stern warning to the appointees while referring the case to Chief Justice Martha Koome.
Ong’udi said that court orders must be obeyed until they are set aside and asked lawyers representing the CASs to avoid disobedience.
“Court orders once issued must be obeyed until they are set aside. We may be happy with them or not but obedience is key. Kindly lawyers for the CASs pass that message to your client,” the judge stated.
The court had last week barred the CASs from assuming office or receiving any salary, remuneration, or benefit awaiting the outcome of a case challenging the president’s choice to appoint them.
Justice Ong’undi’s caution followed a complaint by the petitioners, Katiba Institute and Matindi, that some of the CASs had taken office despite the court’s order.
“The conservatory orders are being flouted. Some of the Interested Parties (the CASs) have assumed office contrary to the interim orders. This is a matter of concern as all public officers must uphold and respect the Constitution. Inasmuch as people may disagree with court orders until vacated, they ought and must be respected,” Matindi said.
Katiba Institute lawyer Dudley Ochiel requested the court to order the Public Service Commission (PSC) and the Attorney-General to publish the names of the CASs who have taken office.
“We request the court to order the AG and PSC to file in court at the next court appearance the names of the CASs who have assumed office so far. Some of them have assumed office and the government has communicated that,” Ochiel asked the court.
However, the PSC, through lawyer Jacqueline Manani, stated that the officials were no longer under its authority because the CASs had been appointed and gazetted.
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