The High Court has blocked 50 newly appointed Cabinet Administrative Secretaries (CAS) from assuming office pending the determination of a case filed by the Law Society of Kenya (LSK) and Katiba institute.
In his ruling, Justice Hedwig Ongudi barred the CASs from earning any salary, remuneration, or benefit until the case is closed.
Ongundi also ordered LSK to serve interested parties with the petition. The case will be heard on Tuesday, March 28, 2023, at 12 noon.
The CASs were sworn in on Thursday, March 23 after the National Assembly failed to vet them citing a lack of constitutional Authority.
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LSK and Katiba institute had moved to court through lawyer Dan Okemwa to sue the President and Head of Public Service over the creation of 27 more CAS positions.
“At the time of their application, only 23 vacancies lawfully existed. Through the unilateral decision by PSC to unconstitutionally and unlawfully create an additional 27 positions, there exist serious doubts as to the legality and irregularity of their appointments,” Okemwa stated.
He also accused PSC of enabling the Head of State to establish additional positions, which is against the constitution.
“There is an eminent threat of infringement of the Constitution if the interested parties proceed to assume office,” he added.
