A Nairobi Court has blocked newly appointed Chief Administrative Secretaries from assuming office until a case filed by the Law Society of Kenya (LSK) is heard.
In his ruling Justice Hedwig Ongudi also barred the CASs from earning any salary or benefit until the case is determined
“Having read through the annexures, I am satisfied that interim conservatory orders are necessary. I, therefore, grant Prayer No 2 of the Notice of Motion in the interim,” the Judge ruled.
Judge Ongundi also directed LSK to serve the petition to all interested parties, including the Attorney General, and await their responses.
The CASs were sworn in on Thursday after the National Assembly failed to vet the nominees due to a lack of constitutional power.
“The obligation to respect, uphold and defend the constitution enjoins the House to refrain from assuming and discharging a role that it has not been expressly assigned by the constitution or written law. In that regard, the National Assembly is unable to vet the nominees in the absence of an express constitutional or statutory requirement to do so,” Speaker Wetangula stated.
The appointments prompted a debate, with Kenyans from different backgrounds expressing concerns about the appointments’ constitutionality.
The appointments, according to LSK and Katiba’s lawyer Dan Okemwa, goes against a letter from the Head of Public Service to the chairperson of the Public Service Commission in October last year asking for a vacancy declaration of 23 vacancies in the office of CAS.
They told the court that the President’s decision to unconstitutionally create an extra 27 positions in the public sector to be funded with public funds violates articles 201 and 228 (5), which call for the prudent use of public funds.
According to court documents, the petition wants to investigate the president’s powers to create a public office and whether he can disregard the psc’s recommendations.
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