The Court of Appeal on Friday, December 8 dismissed an application seeking to have Chief Administrative Secretaries (CASs) begin their work pending the hearing and determination of an appeal.
This is after the Attorney General and digital strategist Dennis Itumbi filed an application to have the appellate court revert its initial decision.
In its decision, the Appellate Court stated that no concrete evidence had been presented to it to show that the absence of the CASs is jeopardizing service delivery to the public and that they had not demonstrated any consequences that would befall the people of Kenya while the appeals were being decided.
“Taking all the foregoing into account, we are not persuaded that the applicants have satisfied us that their appeal will be rendered nugatory if we do not stay the execution of the impugned judgment by the High Court,” read part of the ruling.
“Having failed to satisfy both limbs under rule 5(2) b of the Court of Appeal rules, this application fails and is dismissed with costs to those of the respondents in the four applications who appeared and opposed the applications. It is so ordered.”
The High Court on July 3, 2023, ruled that the CAS’s position was unconstitutional, null, and void. The ruling overturned the appointment of 50 CASs who had already been sworn in.
This comes days after National Assembly Majority Leader Kimani Ichung’wah tabled a bill seeking to revive the positions by amending the National Government Administration Laws.
According to the Bill, to be nominated as a CAS, one must have a Bachelor’s degree, public service experience, and meet the requirements of Chapter Six of the Constitution.