The 50 Chief Administrative Secretaries (CASs) appointed by President William Ruto will continue staying away from their offices, pending the court’s ruling on whether to lift interim orders that blocked them from assuming office.
Justice Hedwig Ong’udi declined requests by the CASs to set aside the temporary orders issued last week from twin petitions filed by the Law Society of Kenya and activists. The petitions are challenging President Ruto’s powers to appoint 50 CASs instead of 23, as recommended by the Public Service Commission.
At least seven CASs reported to their offices on Monday and were allocated duties. However, Justice Ong’udi’s ruling means that the CASs will have to wait until the court determines the issue.
Through their lawyers, CASs Dennis Itumbi, Evans Kidero, Samuel Tunai, and Nicholas Gumbo pleaded with the court to lift the temporary orders and allow them to return to the offices, which they had held for one day.
They argued that the interim conservatory orders should be lifted because they are giving the petitioners an uneven and unfair field on the dispute.
The CASs also claimed that the orders were issued irregularly and were intended to subvert the operations of the government.
Lawyer Adrian Kamotho, for Mr Itumbi, said that the petitioners misled the court to obtain irregular orders. He added that the petitioners failed to disclose that the process leading to the appointments is anchored by Gazette Notice, which has never been suspended nor invalidated by any court.
Mr Kamotho added that there is no known law that caps the number of Chief Administrative Secretaries at 23. The CASs hold office, and the issue of conservatory orders should be determined at the earliest possible opportunity, they argued.
