Cherargei flags viral CAS appointees’ list as fake

Nandi senator Samson Cherargei has dismissed the viral Chief Administrative Secretaries (CAS) appointees’ list circulating online.

In a statement via his official Twitter account, the vocal senator who flagged the list as fake claimed that the recruitment process for the positions was still ongoing.

While terming it as propaganda, he stated that loyalists and supporters of President William Ruto should patiently wait for their ‘reward’.

“Ignore this fake propaganda the recruitment process is ongoing. H.E Ruto loyalists & supporters should relax their rewards are coming in full as per your commitment during campaigns. Let’s pray for our nation as we work towards its transformation. Blessed Sunday,” he wrote.

The flagged poster included Ruto’s key allies such as former Migori Governor Okoth Obado and city politician Millicent Omanga.

Ignore this fake propaganda the recruitment process is ongoing. H.E Ruto loyalists & supporters should relax their rewards is coming in full as per your commitment during campaigns.

Let’s pray for our nation as we work towards its transformation.

Blessed Sunday pic.twitter.com/QVSuWO5B1w

— Senator Kiprotich Arap Cherargei (@scherargei) February 19, 2023

The CAS position which falls below the Cabinet Secretary and above the principal secretary position was declared constitutional by the Employment and Labour Relations Court. Often, the position is considered a reward for key allies who lose elections.

In a judgment delivered by Justice Monicah Mbaru, the decision of the Public Service Commission (PSC) to create the position was 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.