Blow for Ruto as High Court rules on legality of 50 CAS positions

On July 3, the court's concluded that the public participation process for the establishment of CAS positions was only carried out for 23 out of the total 50 appointments.

This means that the creation of the additional 27 CAS positions did not undergo the necessary Constitutional requirement of public participation.

The Public Service Commission (PSC), responsible for overseeing the process, could not provide sufficient evidence that public participation was conducted for these appointments.

Based on the findings, the High Court declared that the establishment of the additional 27 CAS positions was unconstitutional.

"Was there public participation in regard to the appointment of the 27 extra CASs? There was no public participation in the appointment of the extra 27 CASs. The establishment of the extra 27 CAS positions is unconstitutional," Lady Justice Hedwig Ongudi who was among the 3-judge bench said.

The judges also found that it was unconstitutional for CASs to serve without Parliamentary vetting.

"For the avoidance of doubt, the entire complement of 50 CASs is therefore unconstitutional," Justice Ong'udi added.

More to follow...