High Court quashes 50 CASs citing lack of public participation

The High Court sitting in Nairobi has declared the creation of 50 Chief Administrative Secretary (CAS) positions unconstitutional due to a failure to comply with the constitutional requirement of public participation.

 The court found that the public participation process was only conducted for the initial 23 CASs and did not extend to the additional 27 appointments made.

Public Service Commission (PSC) had allowed the creation of only 23 positions of CASs back in 2022. The appointment of 50 CASs opened a front for legal battle where Law Society of Kenya challenged the government’s decision to create the extra 27 CAS positions without adequate public involvement. The High Court, in its verdict, highlighted several crucial points regarding the lack of compliance with public participation requirements.

Firstly, the court noted that the public participation process for the creation of CAS positions was limited to the initial 23 appointments. 

It determined that there was no evidence of public engagement or consultation regarding the subsequent 27 CASs.

Furthermore, the court emphasized that the appointment of these additional 27 CASs also failed to meet the standards of public participation as mandated by the Constitution.

 The Public Service Commission (PSC) was unable to demonstrate that the public participation exercise encompassed the creation of these positions.

Consequently, the High Court ruled that the establishment of the extra 27 CASs was unconstitutional due to the absence of proper public participation. This decision highlights the importance of adhering to constitutional requirements and upholding transparency and accountability in the governance process.

The ruling raises questions about the legitimacy and legality of the 27 CAS positions, which now face uncertainty following the court’s declaration. It remains to be seen how the government will respond and whether any actions will be taken to rectify the situation.

Observers believe that this ruling serves as a reminder to public officials and institutions to ensure strict adherence to constitutional procedures when making significant appointments or policy decisions. Upholding the principles of public participation is vital in fostering democratic practices and ensuring the inclusion of diverse perspectives in governance.