The Public Service Commission and the Attorney General raised preliminary objections to the court's jurisdiction on Friday, November 25, but Lady Justice Monica Mbaru overruled them and determined that the Employment and Labour Relations Court did, in fact, have the ability to decide the issue.
To enable the hiring of CASs to work in President William Ruto's administration, the Public Service Commission (PSC) and the Attorney General asked the court to dismiss the lawsuit.
The defendants argued that the High Court had the authority to determine whether President William Ruto's acts in establishing the position of Chief Administrative Secretary were legal in accordance with article 165(3) of the constitution.
The creation of the Chief Administrative Secretary position pursuant to Article 132(4) of the Constitution read with Section 30 of the Public Service Commission Act, 207, as contested in the current petition, "does not fall within the ambit of this court's jurisdiction as stipulated in Section 12 of the ELRC Act read with Article 162(2) of the constitution," according to a portion of the decision.
According to Justice Mbaru's ruling, the Employment and Labour Relations Court is qualified to rule in situations like the one that was before it.
"The petitioner is making its case before the proper forum regarding the establishment of the office of CASs. As a result, the second respondent's objections are hereby determined to be without merit and dismissed with the support of the first respondent. Read the assertion in part.
Because there had not been enough public participation in the process and because its existence would strain the country's finances, the Law Society of Kenya had filed a lawsuit contesting the creation of the CAS position.
LSK criticized the commission in the petition for not giving the public enough information to allow them to critically assess the necessity of expanding the Cabinet beyond having Cabinet Secretaries and Principal Secretaries.
Former President Uhuru Kenyatta introduced the CAS seats in 2018 to enhance Cabinet operations.
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