Court Of Appeal Declines To Suspend Orders Declaring CAS Position Unconstitutional

• The Court of Appeal refused to suspend orders that declared the Chief Administrative Secretaries (CAS) position unconstitutional
• Judges Kathurima M’inoti, Mumbi Ngugi, and Francis Tuiyott were not convinced that their appeal would be rendered useless without a stay on the High Court’s judgment
• The application was dismissed with costs following its filing by CAS nominees led by Dennis Itumbi after the initial High Court ruling

Didacus Malowa, a journalist at TUKO.co.ke, brings over three years of experience covering politics and current affairs in Kenya.

Nairobi - The Court of Appeal has declined to suspend orders declaring the appointment of Chief Administrative Secretaries (CAS) position unconstitutional.

In their ruling, Court of Appeal judges Kathurima M'inoti, Mumbi Ngugi, and Francis Tuiyott stated they were not satisfied that their appeal would be rendered worthless if they didn't stay the judgment by the High Court.

"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 by the Court of Appeal judges

"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," they ruled.

The application was filed by CAS nominees led by Kenya Kwanza digital strategist Dennis Itumbi following the initial ruling by the High Court.

Court nullifies Ruto's appointments, terms them illegal

Earlier, the High Court revoked the appointment of 50 chief administrative secretaries, terming it illegal.

The appointments by President William Ruto had been challenged by the Law Society of Kenya and other interest groups at the Employment and Labour Relations court.

Ruto administered the oath of office to the 50 CAS after the National Assembly declined to vet them, claiming it lacked the legal authority to do so.

The High Court issued orders preventing the CASs from taking office while a petition contesting their appointment procedure was heard and decided.

The court also prohibited the appointees from receiving a salary, remuneration, or any other benefit until the resolution of the case brought by the Law Society of Kenya (LSK) and Katiba Institute, according to the ruling by Justice Hedwig Ong'udi.

Judges Aleem Visram, Hedwig Ong'udi and Kanyi Kimondo ruled that there was a degree of reasonable public participation in the recruitment of 23 CASs.

The judges ruled that even though the Court of Appeal had preserved the original office established by former president Uhuru Kenyatta in January 2018, the newly established office and its complement of 23 custodians could no longer take advantage of that suspension after the Public Service Commission abolished it.