
Justin Muturi, the attorney general, has vowed to appeal a High Court decision by a three-judge bench that deemed the creation of the Chief Administrative Secretary position unlawful.
Please provide the Office of the Attorney General with typed proceedings and a certified copy of the judgment and decree in order for us to file an appeal in this regard.
The case was heard by Justices Alansir Visram, Hedwig Ongundi, and Kanyi Kimondo. It was brought by a Kenyan living in the UK named Elijah Matindi, along with the Law Society of Kenya, Katiba Institute, and Multy Touch International.
Attorney General Muturi, Parliament, the Salaries and Remuneration Commission, and the Public Service Commission had all been sued by them.
The formation of the office, according to Visram and Kimondo, was illegal since it was a duplicate of the Assistant Minister position, which had been abolished under the 2010 constitution.
They discovered that the CAS job falls in between a Cabinet Secretary and a Principal Secretary (PS), and that it requires National Assembly permission before it can be filled.
The two Judges contended that Parliament had the authority to establish such a position when asked whether the president can do so.
They had filed lawsuits against Attorney General Muturi, Parliament, the Salaries and Remuneration Commission, and the Public Service Commission.
Visram and Kimondo claim that the creation of the post was unlawful since it duplicated the duties of the Assistant Minister position, which had been eliminated under the 2010 constitution.
They learned that the CAS position, which sits between a Cabinet Secretary and a Principal Secretary (PS), required approval from the National Assembly in order to be filled.
When asked if the president may create such a position, the two judges argued that Parliament has the authority to do so.
He continued by saying that only parliament can decide how much money should be spent. He continued by saying that President Ruto followed the law and that he was following the PSC’s recommendations.
The head of the public service, Felix Koskei, claimed that he wrote to Treasury PS Chris Kiptoo to inquire about if the nation could afford the costs associated with the jobs, and that Kiptoo replied in the affirmative.
The Standard
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