Three-Judge Bench In CAS’s Case Modified by CJ Martha Koome

In order to hear complaints over President William Ruto’s nomination of 50 Chief Administrative Secretaries (CAS), Chief Justice Martha Koome reconfigured a three-judge panel.

As of right now, Kanyi Kimondo, Hedwig Ong’udi, and Aleem Visram make up the CJ’s bench. Judge Onyiego has been dismissed from his position.

In the matter, two petitions that were submitted last month allege that President Ruto appointed 27 more CASs. The petitions assert that the Public Service Commission (PSC) had recommended 23 CASs, and the President’s appointment of additional CASs raises the issue of whether or not the PSC’s advice is legally enforceable and whether the President has a limited authority to create public service positions.

Since the case raises important legal questions, it has been determined to be of high public importance. The High Court’s authority to hear the case has been questioned by several of the parties to the issue, including the CAS for Information Communication and Technology, the Attorney-General, PSC, and the Salaries and Remuneration Commission. They contend that the Employment and Labour Relations Court has jurisdiction over the matter.

One of the appointees’ attorney Adrian Kamotho claimed there is no statute that limits the number of CASs to 23. By claiming that the appointments violated an unauthenticated letter sent to the Public Service Commission Chairperson by a former head of the public service asking for a vacancy declaration of 23 vacancies, the petitioners, he continued, had fraudulently misled the court into issuing irregular interim orders.

On April 28, 2023, the matter will essentially be discussed for directions, with Justice Kimondo serving as the presiding judge. Additionally, the CASs have asked the court to overturn the temporary injunction order, which they contend was imposed improperly.