A three-judge bench, at a Court in Nairobi, on Monday 3rd July 2023 ruled that the appointment of the entire compliment of 50 CASs is unconstitutional.
Justice Hedwig Ongudi while issuing the ruling stated that there was no public participation in regard to the appointment of the 27 extra CASs
The Judge noted that the public participation for the creation of the post of CASs was only conducted for 23 CASs.
The creation of the additional 27 CASs, according to the Judge, did not adhere to the Constitutional requirement of public participation.
The further faulted the appointment of extra 27 CASs saying it did not satisfy public participation.
Also the PSC, while presenting their arguments, didn’t prove that the public participation exercise covered the additional 27 CASs.
With finality, the High Court, led by Justice Ongudi, therefore, ruled that the establishment of extra 27 CASs was unconstitutional.
