Raila Odinga
Azimio la Umoja leader Raila Odinga has welcomed The High Court’s decision to rule the Chief Administrative Secretaries (CASs) Positions Unconstitutional.
Speaking on Tuesday at the SKM Command Centre in Nairobi, Raila said that the High Court did the right thing to nullify the posts.
“We think that the court has acted correctly in doing what is right. The media must get it correct because they are saying the court has done Ruto a blow. The court has just upheld the law, what the Constitution says. They have interpreted it correctly,” said Raila.
“This is what we talk about the decision of power and responsibilities, parliament makes laws, the executive implements those laws, and if there is a dispute the courts interpret those laws in terms of the constitution, that is their responsibility so they have done their work properly in our view.”
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.
“Whereas there was some reasonable public participation on the first complement of 23 CASs, there was no such participation regarding the additional 27 CASs,” Justice Hedwig Ong’undi ruled
“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 Kimondo added.
A number of Kenya Kwanza lawmakers have however opposed the decision 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.
He added, “The Judiciary has gone rogue by ruling that creation of CASs positions is unconstitutional without considering the merits of the case.”
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