Court Declares 27 CAS Positions Unconstitutional

A High Court in Kenya has declared that the establishment of 27 Chief Administrative Secretary (CAS) positions is unconstitutional. The court found that the Public Service Commission (PSC), which is responsible for overseeing the process, did not conduct public participation for the creation of these positions.

The court’s decision was based on a petition filed by the Law Society of Kenya (LSK). The LSK argued that the creation of the additional 27 CAS positions was illegal because it did not follow the required public participation process.

The court agreed with the LSK’s argument, stating that “there was no public participation in regard to the appointment of the extra 27 CASs.” The court also found that it was unconstitutional for CASs to serve without Parliamentary vetting.

The court’s decision is a major setback for the government, which had created the additional 27 CAS positions in 2022. The government had argued that the new positions were necessary to improve efficiency in the public service. However, the court found that the government had failed to provide any evidence to support this claim.

The court’s decision is a victory for the rule of law in Kenya. It sends a clear message that the government must respect the constitutional requirement for public participation in the creation of new government positions.

The implications of the court’s decision

The court’s decision has a number of implications. First, it means that the 27 CAS positions that were created in 2022 are now unconstitutional. This means that the government cannot appoint anyone to these positions.

Second, the court’s decision sets a precedent for future cases involving the creation of new government positions. It means that the government will now have to demonstrate that it has conducted public participation before it can create any new positions.

Third, the court’s decision could have implications for the government’s budget. The government had budgeted for the salaries and benefits of the 27 CAS positions. However, now that these positions have been declared unconstitutional, the government will have to find a way to save this money.

Overall, the court’s decision is a significant development in Kenyan law. It is a victory for the rule of law and it sets a precedent for future cases involving the creation of new government positions.