The three judge-bench has also argued that even though there was public participation for the initial 23 positions, the same was not done for the newly created 27 positions.
The case was determined by Justices Hedwig Ong’udi, Kanyi Kimondo, and Aleem Visram.
Further, the court has also ruled that the Public Service Commission failed in its mandate by creating extra 27 CAS positions without public participation.
Three months ago, the High Court stopped the 50 newly appointed Chief Administrative Secretaries from assuming office or receiving any salary.
At the time, Justice Ong’udi said the new appointees will only assume office after a petition by the Law Society of Kenya challenging their legality is heard and determined.
Toward the end of 2022, former Head of Public Service Joseph Kinyua asked the PSC to only allow a maximum of 23 CAS positions.
The LSK, through its president Eric Theuri, challenged the president’s move in court, arguing that President Ruto acted against the law by increasing the number of CAS slots from the originally recommended 23 to 50.
The CASs were already sworn in at State House, Nairobi in an event presided over by President William Ruto.
