The High Court recently dismissed the appointment of the 50 Chief Administrative Secretaries (CAS) by the president as unconstitutional following a petition filed by the Law Society of Kenya and Katiba Institute challenging the appointment process. Among the reasons for dismissing the appointments was lack of public participation which is a crucial constitutional requirement.
The CAS, had with impunity and disregard for the Constitution, been sworn in by President William Ruto despite a court order barring the same. The National Assembly had also declined to vet them, noting that it had no constitutional authority to do so. This is the same president who a few months ago swore to uphold and protect the Constitution, the same Constitution that establishes the courts and Parliament that he ignored.
After issuing orders barring the CAS from assuming office pending the hearing and determination of the suit, the court had to literally bar them from earning a salary and any benefits pending the conclusion of this case. This was necessary in a country bent on disregarding the law, as what would have prevented the president, who had gone ahead and sworn them into office despite a court order, directing that they be paid?
Article 152 of the Constitution prescribes the number of Cabinet Secretaries to be not fewer than 14 and not more than 22 unlike previously where the president had the discretion of appointing as many ministers and assistant ministers as he wished. Both Ruto and his predecessors have used the CAS positions to mostly reward loyalists who lost elections and didn't make it to the Cabinet. This, however, is demeaning to the Kenyan people as once someone loses in an election, it simply means they aren't merited nor qualified in the electorate's eyes.
It is also absurd that despite the ballooning national debt, the president insufferably imagines the appointees deserve hefty remunerations while Kenyans are struggling to survive. As if to insult our intelligence, one nominee audaciously quipped that their appointment was no different from that of the previous regime and that it won't have any impact on the country's high cost of living since they are just 50 people in the framework of government employees. Two wrongs, and in this case illegalities, don't make a right!
The president claims that their appointment was meant to help Kenya Kwanza deliver on its mandate and being Kenyans, they shouldn't be stopped from serving the citizenry. One wonders which new ideas nominees who served in Parliament will bring to the table that they weren't able to while in the House. Having lost in the last elections should be a reminder that one isn't deserving for the CAS position.
It's also apparent that the government keeps getting it wrong on constitutional provisions and needs a reminder that it has no authority to make appointments outside the Constitution. Similarly, politicians should be reminded that failing in elections is an indication that the electorate don't want them as leaders. They should forget getting into government through the back door, their loyalty notwithstanding.
Ms Waiti is a law student at University of Nairobi. waitij@students.uonbi.ac.ke
