The High Court Of Kenya has this afternoon ruled that the creation of 27 additional Chief Administrative Secretaries positions, is unconstitutional and that the Public Service Commission did not conduct proper public participation and in doing so failed to to do due diligence.
The Court also ruled that the Public Service Commission failed to consult the Salaries and Remuneration Commission, on the implications of the additional CAS positions on the bloating wage bill amidst a shrinking economy.
The three-bench ruling was made by the majority of Judges present, with Justices Kimondo Kanyi and Visram Aleem supporting the ruling, while Lady Justice Hedwig Ong’udi opposed it.
“We do not think that it was the intention of the framers of the Constitution to have 50 CASs deputizing 22 CSs. For the avoidance of doubt, the appointment of the 50 CASs is unconstitutional,” the court ruled.
The ruling now sends the President back to the drawing board, and it remains unclear whether the Government will choose to appeal the decision, or stick to the Constitutional threshold of 23 CASs. It is also unclear whether the positions will be re-advertised, or whether the President will pick from the 50 he had already appointed.
by: PeterWamoto’Mzalendo1′