Attorney General Justin Muturi has announced that he will move to the Court of Appeal to challenge a High Court ruling by a three-judge bench that found the creation of the Chief Administrative Secretary (CAS) unconstitutional.
According to a statement from his office on Tuesday July 4, the AG asked to be given proceedings and a copy of judgment from the High Court to enable him appeal.
“The Attorney General is desirous of filing an appeal against part of the judgment at the Court of Appeal.In this regard, kindly furnish the Office of the Attorney General with typed proceedings and a certified copy of judgment and decree to enable us to file an Appeal,” reads a statement from his office.
Justices Alansir Visram, Hedwig Ong’undi and Kanyi Kimondo on Monday ruled that the CAS position is unconstitutional.
In the ruling, the judges said, “It is our considered view that it was not the intention of the framers of the Constitution to create positions of 50 CASs to deputise 22 cabinet secretaries.”
The court also ruled that CAS posts mirrored the position of Assistant Minister which had been done away with in the 2010 constitution.
They further found that the CAS position is of a higher rank than that of Principal Secretary (PS) and therefore CASs could not assume office without vetting and approval by the National Assembly.
Senior counsel Ahmednasir Abdullahi earlier said that the AG should not appeal the case adding that it will be a repeat of the BBI case that failed in the previous regime.
“The Attorney General should not appeal the 50 CAS case to the Court of Appeal. If he appeals…the route is that the courts took through the BBI process,” he said in a tweet.