Court clears appointment of Chief Administrative Secretaries (CAS)
In a boost to the Kenya Kwanza Government, the Employment and Labour Court has given the green light for the appointment of Chief Administrative Secretaries (CAS), dismissing a petition filed by the Law Society of Kenya (LSK).
The ruling by Justice Monica Mburu, who in October last year suspended the appointment of the CASs until the case was heard and determined, found that the Public Service Commission followed due process.
Justice Mbaru ruled that the Public Service Commission’s decision to create the position was lawful.
The decision allows the PSC to begin accepting applications for job openings.
In their petition to the court, the Law Society of Kenya argued that the Public Service Commission violated the Constitution by advertising for the CAS positions without disclosing to the public the effect of hiring persons who are not identified by the Constitution.
LSK also argued that CASs have a similar role as Principal Secretaries and will further deplete Kenyans’ pockets as they will further stretch an already bloated civil service.
The society had also averred that PSC never intended to conduct meaningful public participation as it did not disclose that the work of a CAS would be similar to that of a PS.
However, the judge dismissed the petition and ruled in favor of the government, allowing them to proceed with the appointment of the CASs.
This comes after a similar ruling in April 2021 by High Court Judge Antony Mrima, who ruled that the creation of the office of Chief Administrative Secretary was unconstitutional.
The ruling followed a petition by activist Okiya Omtata, who challenged the appointment of the officers and the creation of the office of the CAS.
President Uhuru Kenyatta announced the creation of the CAS position in every ministry on January 26, 2018, with the role broadly defined as helping Cabinet Secretaries to better coordinate the running of the affairs of their respective ministries.
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