HIGH COURT DECLARES CAS POSITIONS UNCONSTITUTIONAL

The High Court, on Monday, 3rd July, dismissed President William Ruto’s appointment of 50 Chief Administrative Secretaries (CASs), terming the positions unconstitutional.

Following the rulling done on Monday, political Judges Kanyi Kimondo, Hedwig Ong’udi and Aleem Visram stated that public participation in the creation of the CAS post was only conducted for 23 occupants and the creation of the additional 27 occupants did not adhere to the constitutional requirement of public participation.

Elachi, a former Gender and Public Service CAS in the previous administration, said the government should not have called the post ‘Advisor’ to avoid the contention around its constitutionality.

“Where the government went wrong was to call it CASs. These are positions that have always been there but under different names; advisors. I wish the government would have just retained that because it has worked for many years it’s only that people have never followed through to know,” she said.

“The public service has always engaged with government positions and those positions were there with the perks and everything, it’s only that the name was not CAS.”

Appearing on Citizen TV’s Day Break program on Tuesday, the MP argued that ministries need leaders apart from Cabinet Secretaries (CSs) and Principal Secretaries (PSs), to “follow through whether anything is happening in a ministry.”

“You can’t just leave it to the PS,” said Elachi.

In her opinion, what the Public Service Commission did not do right was clearly state the mandate and role of the CAS.

“Public Service needs to ensure you put a mandate,” she said, adding that without a CAS, the CS might run a ministry while leaving areas within their docket that is outside their field of expertise.

She also said President William Ruto should have appointed 23 people to fill the posts instead of adding 27 others.

Whitney Akunga