High Court Judge Antony Mrima has ruled that the controversial office of Chief Administrative Secretary (CAS) was unconstitutional.
He did not stop there, he also ruled that cabinet secretaries who continued to serve without being vetting in 2017 are in office illegally and that any permanent secretary not competitively recruited by the Public Service Commission (PSC) also should be sent packing.
The ruling comes after activist Okiya Omtata moved to court challenging the creation and appointment of the CAS.
He argued that there was no public participation in the decision to introduce CASs as assistants to cabinet secretaries.
“I have decided to establish a new position in government, the position of Chief Administrative Secretary in all our ministries. The Chief Administrative Secretary would broadly be responsible for helping the Cabinet Secretary to better coordinate the running of the affairs of their respective ministries,” he said.
The activist argued that the newly established CAS positions had been ‘largely been given to politicians who supported President Kenyatta’s re-election but lost their political bids.’
Some of the CASs include
Rachel Shebesh — who contested for the Nairobi Woman Rep race and lost — was appointed as CAS in the Public Service, Youth, and Gender Affairs Ministry
Hussein Dado — who lost his Tana River gubernatorial seat to ODM’s Dadho Godana — was appointed as Devolution CAS.
Former Budalang’i MP Ababu Namwamba (Foreign Affairs);
Winnie Guchu (Water and Sanitation). She resigned from the Judicial Service Commission (JSC) to serve in the Jubilee Secretariat.
Former Kisii Senator Chris Obure (Transport);
Former Subukia MP Nelson Gaichuhie (National Treasury);
Former West Pokot governor Simon Kachapin (Education);
Former Kilifi North MP Gideon Mung’aro (Lands);
Abdul Bahari (Labour and Social Protection). He was Jubilee’s candidate who lost the Isiolo governorship.
Ken Obura (East African Community). He lost in the ODM primaries for the Kisumu Central MP seat