The 50 newly appointed chief administrative secretaries (CASs) suffered a blow on Friday, when the High Court stopped them from assuming office pending determination of a suit against the move by President William Ruto.
However, today the ICT Chief Administrative Secretary Dennis Itumbi has moved to court challenging a judicial decision barring him and 49 others from assuming office after last week’s swearing-in.
According to the interim order given by Justice Hedwig Ongu’ndi, following a case filed by the Law Society of Kenya (LSK) and Katiba Institute, the CASs are also barred from earning any salary, remuneration and any benefit.
Itumbi has filed an affidavit through Adrian Kamotho Njenga & Co Advocates stating that the order was issued based on incomplete information presented by the petitioners, the Law Society of Kenya and Katiba Institute.
The CASs were sworn-in on Thursday after the National Assembly failed to vet the nominees, citing the lack of constitutional authority to carry out the exercise.
“The petitioners failed to disclose the existence of Gazette Notice No. 12432 of 2022, which solidly anchored the appointment of the Interested Parties,” he noted.
On March 23, 2023, the petitioners approached the High Court seeking various reliefs, including interim conservatory orders restraining the Interested Parties from assuming or continuing to act as the Chief Administrative Secretary.
The petitioner protested the decision of the National Assembly to decline to vet the nominees, their gazettement on Wednesday night and their subsequent swearing-in today morning.
Itumbi’s affidavit argued that the appointment process of the Interested Parties was sound, valid, and effective, as anchored by Gazette Notice No. 12432 of 2022. The notice was published on October 12, 2022, in Vol. CXXIV-No. 210 of the Kenya Gazette, and has never been suspended nor invalidated by any competent court.
Mr Matindi contends that the additional CAS positions are irregular and the court should intervene.
Itumbi also noted that the alleged recommendation by Joseph Kinyua, the former head of public service, requesting for a vacancy declaration of 23 vacancies, was a legal misadventure.
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by: june