Kenya:Three Judge bench declares CAS position unconstitutional!

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-The 50 CAS’s were sworn by President William Ruto after the National Assembly disdained from vetting them-

50 CAS's sworn in at State House Nairobi/Image Courtesy

By Kelvin Kiprop and Camilla Lunani

 

The Kenya Kwanza administration has been dealt a big blow after the High court declared the Appointment of CAS’s unconstitutional

 

The three High Court Judge bench led by Justice Kanyi Kimondo, Justice Hedwig Ongundi and Justice Aleem Visram,Monday  Declared that the creation of the offices did not follow the law saying that the president together with the Public Service Commission must abide by the law in creating offices.

 

The 50 CAS’s were sworn by President William Ruto after the National Assembly disdained from vetting them saying it had no constitutional powers to do so.

 

The High Court then issued orders impeding the CASs from getting into office due to their pending hearing questioning their appointment process.

 

According to the ruling proclaimed by Lady Justice Hedwig Ong’udi,the court also interdicted the appointees from earnings a salary or any benefit until the pending case is concluded.This being filed by the Law Society of Kenya   (LSK) and The  Katiba Institute.

 

The Judiciary affirmed that it did not preside over the swearing-in ceremony emphasizing that it did not send any official to the State House to oversee and conduct the ceremony.

 

The appointments have been flooded with exasperation from a large number of Kenyans who need answers as to why the appointees were sworn in yet the process had been labeled unconstitutional.

 

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