Chief Justice Martha Koome has reconstituted a three-judge bench to hear petitions against President William Ruto’s appointment of 50 Chief Administrative Secretaries (CAS).
The bench, established by the CJ, now comprises Kanyi Kimondo, Hedwig Ong’udi, and Aleem Visram. The judge Onyiego has been removed from the bench.
The case involves two petitions filed last month, contending that President Ruto appointed 27 additional CASs. The petitions are based on a claim that the Public Service Commission (PSC) had recommended 23 CASs, and the President’s appointment of additional CASs raises the question of whether his powers to establish offices in the public service are limited, and whether the advice of the PSC is legally binding.
The case has been deemed of great public interest because it raises substantial issues of law. Some of the parties involved in the dispute, such as the CAS for Information Communication and Technology, the Attorney-General, PSC, and the Salaries and Remuneration Commission, have questioned the High Court’s authority to hear the dispute. They argue that the case falls within the ambit of the Employment and Labour Relations Court.
Lawyer Adrian Kamotho, who represents one of the appointees, argued that there is no known law that caps the number of CASs at 23. He added that the petitioners have fraudulently misled the court to issue irregular interim orders by stating that the appointments contravened an unauthenticated letter addressed to the Chairperson of the Public Service Commission by a former head of public service requesting a vacancy declaration of 23 vacancies.
The case will be mentioned virtually on April 28, 2023, for directions, and Justice Kimondo will be the presiding judge in the bench. The CASs have also requested that the court lifts the temporary injunction order, which they claim was issued irregularly.
