Editor's Review

“The Judiciary has gone rogue by ruling that creation of CASs positions is unconstitutional without considering merits of the case."

Nandi Senator Samson Cherargei has faulted the Judiciary following the High Court ruling that rendered the Chief Administrative Secretary (CASs) positions unconstitutional.

In a statement via Twitter on Monday, July 3, Cherargei stated that the Judiciary has gone rogue for ruling the positions unconstitutional without considering the merits.

“The Judiciary has gone rogue by ruling that creation of CASs positions is unconstitutional without considering merits of the case,” said Cherargei.

“In the FY 2023/24 Judiciary received additionally 4B above their normal budget but they is a continuation of cases backlog, corruption and ineptitude in dispensation of Justice by Judiciary.”

The second term UDA senator noted that they will move to the Court of Appeal to appeal the High Court ruling.

Three-judge High Court bench: Justices Kanyi Kimondo, Hedwig Ong'udi & Visram Alnashir

Justice Kanyi Kimondo ruled the CAS positions unconstitutional saying that President William Ruto had requested the Public Service Commission (PSC) to declare 23 vacancies for CAS positions.

Kimondo also stated that PSC did not indicate the number of CAS vacancies while issuing a special notice and advertising on the media.

“The head of state requested PSC to declare 23 vacancies for CASs, we note however that the special issue of Kenya Gazette notice dated October 12, 2022, and the media advertisement following day calling for applications from suitable candidates did not set the number of vacancies,” he stated.

Justice Hedwig Ong'undi on her part stated that there was no public participation in the creation of the 27 extra CAS positions.