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Koome names three-judge bench to hear CASs petition

Koome names three-judge bench to hear CASs petition
Chief Justice Martha Koome. PHOTO/Print
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Chief Justice Martha Koome has appointed a three-judge Bench to hear the case against 50 Chief Administrative Secretaries (CASs) recently appointed by President William Ruto.

A Judiciary circular revealed that Koome has picked Justices Hedwig Ong’udi, Kanyi Kimondo and Aleem Visram to hear the case.

 The nove by the Chief Justice comes after Justice Ong’undi referred the case to her to appoint an odd-numbered  Bench to hear and determine the matter since the case raises substantive issues of law.

“This matter is of great public interest, especially in the economic times Kenya is operating in. I find the best way forward is to refer this matter to the CJ for the empanelment of a mighty judge bench. All the pending applications and Preliminary Objections will be dealt with by the expanded bench,” Justice Ong’undi ruled on March 31.

While forwarding the file to the CJ, the judge noted that the lawsuit raised several issues including the powers of the president in establishing offices in the public office, the jurisdiction of the court hearing labour relations, whether the case is prematurely filed and should the president be struck out of the proceedings.

Justice Ong’undi however extended the interim orders blocking the 50 newly CASs from reporting to their respective offices until April 21.

The court barred the CASs from assuming office or earning any salary, remuneration and any benefit pending determination of a case that is challenging the President’s decision to appoint them.

While extending the orders, she warned the 50 new CASs from disregarding orders to stay away from their respective offices adding court orders must be obeyed until they are set aside and asked lawyers of the CASs to avoid disobedience.

“Court orders once issued must be obeyed until they are set aside. We may be happy with them or not but obedience is key. Kindly lawyers for the CASs pass that message to your client,” the judge stated.

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