The High Court barred 50 newly appointed Chief Administrative Secretaries (CAS) from holding office pending hearings and decisions in cases brought by the Law Society of Kenya (LSK) and the Katiba Institute.
Judge Hedwig Ong’undi also temporarily barred CAS 50 from receiving wages and any benefits, pending a court ruling on the matter.
In his ruling, Justice On’gundi noted; “Having read through the annexures, I am satisfied that interim conservatory orders are necessary. I therefore grant Prayer No 2 of the Notice of Motion in the interim,”
According to the petitioners, the Constitution provides that the president cannot creat a public office without a special recommendation from Public Service Commission.
They also alleged that the President unconstitutionally created 27 additional positions in 23 approved office locations by appointing 50 CAS to the position of Chief Executive Officer.
The petitioners cited Article 3 of the Constitution saying it commands all interested parties to reject any unconstitutional appointment, office, or benefit as their personal obligation to defend and protect the constitution.
The ruling comes a day after the 50 CAS were sworn in office.
On Wednesday, the first in command appointed all the 50 CASs after the National Assembly failed to vet them. The Speaker of the National Assembly argued that their is no Constitution provision for the vetting of the 50 CASs.
Hussein Mohammed, who is the state House spokesperson said the appointments were made after the the Speaker of National Assembly returned nominations list to the appointment bodies.
Some of the nominated 50CASs includes Dennis Itumbi to the Ministry of Information Communications and The Digital Economy, Evans Kidero (Ministry of Investments, Trade and Industry) while Former Kisii nominated Senator Millicent Omanga who was nominated to the Interior ministry alongside former Narok governor Samuel Tunai and Amb Mohamud Ali Saleh.
Others were Catherine Waruguru, Wilson Sossion, Charles Njagua Kanyi Alfred Agoi
