File image of Dennis Itumbi
ICT and Digital Economy Chief Administrative Secretary Dennis Itumbi on Monday March 27 moved to Court to block an earlier ruling barring CASs from assuming office or earning salaries.
The ICT CAS through his lawyers, Adrian Kamotho Njenga and Company Advocates is requesting that the High Court ruling be overturned claiming that the evidence presented was insufficient.
He also claims that LSK and Katiba Institute misled the court by failing to disclose important information.
“By deceptively failing to disclose the subsistence of Gazette Notice No. 12432 of 2022, the appointment of the Intended Interested Party, the Petitioner fraudulently misled the Honorable Court to issue irregular orders, by cunningly stating that the appointments contravened an unauthenticated letter addressed to the Chairperson of the Public Service Commission by Mr Joseph Kinyua, a former head of public service “requesting for a vacancy declaration of 23 vacancies,” Itumbi stated.
The former digital strategist noted that there is no law that limits the number of CASs to 23 adding that the decision lies with the Head of State.
“The alleged recommendation by Mr Kinyua requesting for a vacancy declaration of 23 vacancies is a legal misadventure,” Itumbi noted.
He further argued that the President cannot be sued in his personal capacity.
“The 1st Petitioner is attempting to unconstitutionally address an imaginary grievance by indiscriminately shuttling from one court to the other in utter disregard of the jurisdictional demarcation expressed by the Constitution,” he said.
On Friday last week, Justice Hedwig Ong’undi temporarily barred the CAS appointees from earning any salary, remuneration, or benefit until a case by the Law Society of Kenya and the Katiba Institute was considered and decided.
The case is expected to be heard on Tuesday March 28.
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