President William Ruto on Thursday, February 16 scored big after Employment and Labour Relations Court declared the establishment of the office of Chief Administrative Secretary (CAS) as constitutional.
In a judgment delivered by Justice Monicah Mbaru, the decision of the Public Service Commission (PSC) to create the position is lawful.
The court, however, dismissed the petition filed by the Law Society of Kenya (LSK) challenging the establishment of the CAS position in the public service for lack of merit.
"Public Service Commission followed due process in initiating recruitment of CASs. I, therefore, dismiss the petition by LSK. each party to bear its own costs," Justice Mbaru ruled.
The decision by the judge now paves way for the PSC to proceed with plans of inviting applicants for the job vacancies.
'CAS position created illegally'
The exercise was halted in October 2022 after the LSK sued PSC arguing that the position was created without public participation.
The society also argued that the existence of the office would cause financial strain on the country.
The petitioner said despite PSC inviting the public to give its views on the establishment of the office, there was an intentional failure to provide crucial information to facilitate informed participation of the people.
In its submissions, PSC argued that only the High Court is vested with the jurisdiction to determine the question as to the legality or otherwise of the actions of President Ruto in establishing the office of CAS pursuant to Article 132(4) (a) of the Constitution as read with Section 30 of the Public Service Commission Act, 2017.
The commission further said the functions of the proposed office do not violate any provisions of the constitution or legislation.
"There are no similar offices in the public service therefore the establishment of the office would not occasion unfair competition for staff among public bodies.
"Additionally, the position would be advertised and all persons in both the public and private sector who meet the qualifications would have an equal opportunity to apply for the job," PSC said.
The PSC chairperson also termed the petition by LSK as baseless and lacking in merit
President Ruto's administration sought to re-introduce the CAS post after the court declared the creation of the office by former President Uhuru Kenyatta unconstitutional.
In the case, whose ruling was delivered in April 2022, activist and current Busia Senator Okiya Omtata argued that there was no public participation in the decision to introduce CASs as assistants to Cabinet Secretaries.
Uhuru's critics said the then-president created the slots as rewards for his allies who lost in the 2017 general election.
