Political analyst Mutahi Ngunyi has agreed with the High Court’s decision to render the Chief Administrative Secretaries (CAS) positions unconstitutional.
In a tweet on Monday July 3 Ngunyi stated that President William Ruto does not care about the CAS positions.
“I agree with the Judiciary – 50 CASs were too much. Ruto does not care about CASs. He can blame the judiciary for their loss. But can democracy stand in the way of governmentation – the act of bringing government to life?” Ngunyi posed.
The political commentator went on to question wether this will be the first time President Ruto losses a battle.
“If Ruto has never lost a battle, will this be the first?” Ngunyi questioned.
Lawyer Miguna Miguna has also asked the government to adhere to the dictates of the Constitution and all applicable laws.
“I said so a long time ago. Whatever those in positions of power do must adhere strictly to the dictates of the Constitution and all applicable laws,” he stated.
A three-judge bench Monday ruled that the CAS positions are illegal as public participation was not adhered when the posts were being created.
“There was no public participation in the appointment of the extra 27 CASs. The establishment of the extra 27 CAS positions is unconstitutional,” said Justice Ong’undi.
Justice Kanyi Kimondo on his part that the original CAS position was scraped in September 2022 and the new office created could no longer benefit from the original stay orders.
“The stay order in the court of appeal preserved the original office created on January 24, 2018, once that office was abolished on September 21, 2022, the newly created office and complement of 23 office holders could no longer benefit from that stay accordingly the newly created office and fresh compliment of 50 had to comply with the constitution and the criteria set out earlier in the Okiya Omtatah case, they did not comply for the avoidance of doubt the entire complement of 50 CASs is therefore unconstitutional,” he stated.