CAS ruling scuttles President Ruto’s 2027 strategy
President William Ruto and Deputy President Rigathi Gachagua in a group photo with the newly sworn-in Chief Administrative Secretaries at State House, Nairobi on March 23, 2023.
In appointing 50 Chief Administrative Secretaries (CAS), President William Ruto sought to reward his loyalists while achieving regional balance by picking politicians from opposition bastions.
The bloated appointments were largely seen as part of his 2027 re-election game plan to retain election losers who played key roles in his presidential victory.
He also sought to use the slots to reach out to regions that did not support him, responding to accusations that Cabinet Secretaries (CSs) and Principal Secretaries (PSs) were mainly drawn from two ethnic communities that swept the Kenya Kwanza Alliance to power.
But the High Court on Monday dealt President Ruto a major political blow by declaring the positions unconstitutional.
The ruling leaves him little room to manoeuvre in his quest to reward his loyalists with plum posts that carry political clout ahead of the 2027 elections.
If the ruling is not successfully challenged, the 50 will join the long list of politicians hoping for government jobs as a reward for their role in the campaigns.
But according to Dr Ruto, his Cabinet needs extra hands to deliver on the Kenya Kwanza manifesto, even as he styles himself as a politician who values his allies.
“The issue of CASs is my plan of government. It is my decision that there is a need for CASs because of the agenda I have for this country. My deputy almost sleeps in his office. Prime Minister Musalia Mudavadi has almost lost weight because he spends too much time in his office. I need more workers because of the agenda I have for Kenya. I need more hands, I need more brains,” the President said during a joint media interview at State House, Nairobi, on May 14.
It is not just about the workload, but also about wooing opposition allies through appointments to parastatals and as CASs.
There is already anxiety over the appointment of diplomats, with politicians who have not yet been placed hoping to be selected. But the declaration of the CAS position as unconstitutional now complicates the matrix as it means more competition for the limited slots.
It also presents Dr Ruto with a tough balancing act of ensuring regional balance in appointments without alienating his foot soldiers.
An analysis of the CAS list shows that most of the 47 counties got at least one CAS slot.
In Luo Nyanza, the loser of the Homa Bay gubernatorial race Evans Kidero, former Kisumu senator Fred Outa and former Rarieda MP Nicholas Gumbo were among those appointed.
Other Nyanza appointees include Kisii deputy governor Joash Maangi, Vincent Kemosi Mogaka and former Migori Assembly minority leader Nicholas Rioba.
The appointees from the Azimio La Umoja One Kenya coalition have been promoting Dr Ruto's United Democratic Alliance (UDA) in the region, which has overwhelmingly backed opposition leader Raila Odinga.
Some of them have since stepped up UDA membership drives, targeting at least 300,000 members in Nyanza.
National Assembly Minority Leader Opiyo Wandayi accuses Dr Ruto of using taxpayers' money to settle political debts.
Mr Wandayi told Dr Ruto that he can still hire the loyalists to run his political errands but pay them from his pocket.
“They are just people who are supposed to do political errands in the villages. You saw them in the villages distributing beans while trying to promote UDA. They should not be adding value to Kenyans,” said Mr Wandayi.
University don and political analyst Prof Macharia Munene said the President can still give the politicians some jobs in government to keep them in his corner for the 2027 campaigns.
Prof Munene said the ruling has major political ramifications as it could mean some big political bigwigs are left in the cold for the next four years.
“He (Ruto) has to go back to the drawing board. He has to think seriously because he is doing badly at the moment. He should also not be seen to be disobeying the court because that can also put him at loggerheads with the people,” said Prof Macharia.
“He needs to start taking good advice. In this CAS case, his lawyers let him down. They did not present a good case,” he added.
Yesterday, Senior Advocate Ahmednasir Abdullahi advised Attorney-General Justin Muturi not to appeal against the High Court ruling, suggesting that the government may suffer another defeat.
Political supporters
“President William Ruto tried very hard to give 50 of his political supporters jobs as CAS. Unfortunately, the High Court disagreed. I know the President will respect the law and instead give these great 50 Kenyans some useful jobs to build the nation,” he said.
Machakos Deputy Governor Francis Mwangangi said Dr Ruto has no option but to respect the High Court ruling.
He said the President could, however, appeal the decision.
“People like Victor Munyaka from Ukambani really worked for Ruto and it would be good if he gets something in this government. The 50 CAS represent the face of this country. They are drawn from every corner of this country,” said Mr Mwangangi.
“But the rule of law must be upheld. If the President feels that the decision was not fair, he can appeal the decision,” he added.
Nandi Senator Samson Cherargei indicated yesterday that there are plans to go to the Court of Appeal, and if need be to the Supreme Court, to challenge the ruling.
“There are no political implications. The President's loyalists in our government will be given the opportunity to serve in other capacities,” Mr Cherargei said.
