File image of Ahmednassir Abdulahi
Senior Counsel Ahmednasir Abdullahi has weighed in the High Court’s decision to nullify the Chief Administrative Secretaries (CAS) positions.
In a statement on Tuesday July 4, Ahmednassir stated that the 2010 constitution is the most powerful antidote for unchecked executive power.
The city lawyer said that the constitution will teach President William Ruto painful lessons unless he respects it.
“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. Respecting the dictates of the Constitution is a joyous nationalistic act,” he tweeted.
A three judge-bench on Monday ruled the CAS positions unconstitutional saying there was no proper public participation in the process to create the posts.
The judges said, “It is our considered view that it was not the intention of the framers of the Constitution to create positions of 50 CASs to deputize 22 cabinet secretaries.”
Justice Kanyi Kimondo went on to rule the 50 CAS positions unconstitutional, noting that the PSC did not follow the criteria set out earlier.
“The newly created office and fresh complement of 50 had to comply with the constitution and the criteria set out earlier in the Okiya Omtatah case, they did not comply, for the avoidance of doubt the entire complement of 50 CASs is therefore unconstitutional,” Justice Kimondo ruled.
The ruling elicited mixed reactions with some Kenya Kwanza leaders saying they would move to the Court of Appeal.
“We shall appeal this decision that negates public interest and principles of Natural justice.” Nandi Senator Samson Cherargei stated.
Also Read: Mutahi Ngunyi Reacts After High Court Nullified CAS Positions
