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Reappointed CSs, CASs are in office illegally, court rules – VIDEO

The high court on Tuesday declared the position of Chief Administrative Secretary (CAS) illegal ending speculation on the constitutionality of the position.

High Court Judge Anthony Mrima further found that cabinet secretaries who were retained in 2017 from president Uhuru Kenyatta’s first term ought to have been vetted afresh or competitively recruited by the Public Service Commission (PSC).

The 10 Cabinet secretaries who were reappointed by President Kenyatta after his reelection in 2017 without parliamentary interviews include powerful Interior CS Fred Matiang’i, James Macharia (Transport), Joe Mucheru (ICT), Eugene Wamalwa (Devolution), Charles Keter (Energy), Raychelle Omamo (Foreign Affairs), Adan Mohamed (East Africa Community), Sicily Kariuki (Water), Najib Balala (Tourism) and Amina Mohamed (Sports).

The ruling came after activist Okiya Omtata moved to court challenging the appointment of the officers and creation of the office of the CAS.

In his petition, the activist argued that there was no public participation in the decision to introduce CASs as assistants to cabinet secretaries.

On January 26, 2018, Kenyatta announced the creation of the CAS position in every ministry.

“I have decided to establish a new position in government, the position of Chief Administrative Secretary in all our ministries. The Chief Administrative Secretary would broadly be responsible for helping the Cabinet Secretary to better coordinate the running of the affairs of their respective ministries,” he said.


Some beneficiaries of the now unconstitutional office are Health CAS Mercy Mwangangi, former Nairobi County Assembly Speaker Beatrice Elachi, David Osiany, Eric Simiyu, Simon Kachapin, Zach Kinuthia, Jackson Musyoka, Japheth Micheni, Zachary Ayieko and Noor Hassan.

Others are former MPs Patrick Ntutu, Rachel Shebesh, Gideon Mung’aro, Alex Mwiru, Linah Chebii, Ken Obura, former governor Hussein Dado and Winnie Guchu.