Court Ruling on the Constitutionality of CAS Positions

The courts have ruled that the creation of the Chief Administrative Secretary (CAS) positions in the Kenyan government is unconstitutional.
In a case filed by the Law Society of Kenya and Katiba Institute, the courts found that the appointment of 50 CASs by President William Ruto was in violation of the constitution.
The issue of the CAS office had been previously litigated, with activist Okiya Omtatah obtaining orders in 2019 declaring the office unconstitutional.
Omtatah has now moved to court again to challenge the appointment of CASs and Principal Secretaries, arguing that the positions are illegally created and unconstitutional.

The petitioners, including the Law Society of Kenya and activist Okiya Omtatah, have made several legal arguments challenging the creation of the CAS positions.
They argue that the CAS position is illegally created and unconstitutional, as it is not provided for in the Constitution.
The petitioners contend that the process of establishing the CAS office did not adhere to the principle of public participation, as the Public Service Commission (PSC) failed to provide crucial information to facilitate informed public participation.
According to the LSK, the PSC failed to provide information on the financial implications, functions, and workload analysis of the CAS office, as required under the PSC Act.
The petitioners also argue that the creation of the CAS positions will lead to a duplication of roles between the CASs and Principal Secretaries, further bloating the public wage bill without improving service delivery.

The petitioners have also raised concerns about the economic and financial implications of creating the CAS positions.
They argue that the Kenyan economy is struggling, causing financial strain on citizens and pushing taxation beyond the elastic limit for many Kenyans.
Therefore, the establishment of the CAS positions must conform to the principles of the Constitution, particularly the requirement to ensure no duplicity of roles and to maintain fiscal responsibility.

In the legal battle over the CAS positions, the Attorney General, Justin Muturi, had argued that the Labour Relations Court lacked the jurisdiction to determine the legality of the CAS positions.
However, the Labour Relations Court rejected the Attorney General’s objection, ruling that the court has the requisite powers and authority to determine the dispute as it relates to the core mandate of the Public Service Commission (PSC) as an employer.
The court has already barred the PSC from continuing with plans to establish the CAS office, pending the determination of the suit

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