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A lobby group has urged a three-judge bench to quash the appointment of the 50 Chief Administrative Secretaries (CASs) saying their inclusion in government will amount to wastage of public funds.

Multi-Touch International, a non-governmental organisation which has been enjoined in the case told justices Kanyi Kimondo, Hedwig Ong’udi and Aleem Visram that allowing the 50 CAS’ to assume office will deal a big burden to the taxpayers given the economic recession and high cost of living.

The petitioner says the Kenyan taxpayer is already heavily burdened and allowing the CASs to take up their appointments will only increase the burden.

“That the office expenses and support staff of one CAS (shall) inevitably be more than Sh3 million per month and thus a very high possibility of employing more personnel,” the lobby group told the bench through their lawyer Matwere Asiyo.

According to the petitioners, the Kenya Kwanza administration has increased the number of CASs by 27 without any justifiable cause.

“The government has not demonstrated any incapacitation of service delivery of the existing 23 CASs and has neither provided their professional credibility and acumen of the extra proposed CASs in relevant appointments to warrant anticipated enthusiasm to apparently take Kenya to the next level,” the petitioner stated.

He added that the appointments of the 27 will eat up resources which would have been utilised in creating employment for jobless youth who stand at 68 per cent.

“That only heaven knows where the next level Kenya will be going forward is with a critically high youth unemployment at 68 percent and growing recession,” stated Matwere.

The judges heard that a single newly appointed CAS salary will be a minimum of Sh765,188 per month which would have been used to employ 50 youths at Sh15,000 per month each with lunch and thus totals to Sh750,000 per month.

Reverse appointments

Matwere  says that the appointment of the said CASs is a mockery and an injustice to the millions of desperate languishing youth and indeed to the taxpayers.

He said the proposed appointment of the CASs by President William Ruto should be reversed and consequently terminated including their pre-determined salaries and packages cancelled.

He urged the court to redirect the predetermined funds that were to be paid to the CASs be channelled to various government agencies to enable them to employ more youth.

The lobby group’s request to cancel the appointment was further supported by Law Society of Kenya, Katiba Institute and an activist Eliud Matindi. They all urged the bench to declare the same unconstitutional.

LSK through its president Eric Theuri told the judges that the additional CAS positions are irregular and urged the court to intervene.

He further argued that the nominations and the intended appointments are riddled with unconstitutionality.

“The Public Service Commission (PSC) proposed, and the President accepted, the creation of 23 positions of the office of CAS. The recruitment process carried out by the PSC to recruit persons to the newly-created office was on the basis of there being 23 vacant positions,” Matindi told the court.

The petitioners further accused PSC of failure to discharge its constitutional mandate, including its duties under Articles 10, 232, 234 and 249 of the Constitution by facilitating and superintending over the creation of the additional twenty-seven offices by President Ruto. 

Katiba Institute through lawyer Dudley Ochiel informed the court that PSC failed to undertake public participation and stakeholder engagement before establishing the 27 new positions.

They further blamed the National Assembly for failing to vet the CAS’s before they were sworn in.

Currently, the CASs have been barred from assuming office or drawing salaries, allowances from the exchequer pending determination of the suit. The hearing continues.