Temporary relief for Uhuru in CAS court battle

Attorney-General Paul Kihara Kariuki has secured a temporary relief in a court battle that involves President Uhuru Kenyatta’s decision to create the position of chief administrative secretary (CAS) and failure to subject Cabinet secretaries reappointed in 2017 to fresh vetting and approval by Parliament.

The Court of Appeal has once again suspended implementation of the High Court judgment that declared the President’s decision unconstitutional.

“It is our finding that although there is already an inbuilt stay granted by the trial court, public interest underpinning the substratum of the intended appeal would demand that we affirm the interim orders,” ruled justices Roselyne Nambuye, Wanjiru Karanja and Agnes Murgor while suspending the judgment of High Court judge Anthony Mrima.

A majority of CASs are 2017 poll losers such as Ababu Namwaba, Gideon Mung’aro, Rachel Shebesh, Alex Mwiru, Linah Chebii, Ken Obura, Hussein Dado and Simon Kachapin among others.

The post was created in 2018.

Also affected by the judgment are Cabinet Secretaries Fred Matiang’i (Interior), James Macharia (Roads and Transport), Joe Mucheru (ICT), Eugene Wamalwa (Devolution), Charles Keter (Energy), Raychelle Omamo (Foreign Affairs), Adan Mohamed (East Africa Community), Sicily Kariuki (Water), Najib Balala (Tourism) and Amina Mohamed (Sports).

Vetting

The trial court ruled that they ought to have been vetted afresh for a second term in office.

In urging the Court of Appeal to stay the trial court’s findings, the Attorney-General, through Chief State Counsel Charles Mutinda, argued that if the orders granted by Judge Mrima are not stayed, the position of CAS as currently constituted will cease to exist.

He said the office holders will not only lose their jobs but their actions during the time they held office may be called to question. Mr Mutinda argued that ten Cabinet secretaries and a number of principal secretaries may suffer a similar fate and the Cabinet will not be properly constituted.

The government, he argued, would also be incapable of functioning optimally and that the ultimate losers will be the public.

He stated that it would also be impossible to comply with the order of the High Court within the remainder of the current presidential term which was just about 15 months as at the time of the delivery of the disputed judgment.