Inside Politics

‘Judiciary has gone rogue’ – Cherargei says on CAS ruling

Monday, July 3rd, 2023 17:44 | By
Nandi Senator Samson Cherargei.
Nandi Senator Samson Cherargei. PHOTO/Courtesy

Nandi Senator Samson Cherargei has accused the Judiciary of going rogue, following a ruling that declared the positions of Chief Administrative Secretaries (CAS) unconstitutional.

In a statement, Cherargei vowed that they (Kenya Kwanza) would appeal the ruling, saying the court did not consider the merits of the case.

"The Judiciary has gone rogue by ruling that creation of CASs positions is unconstitutional without considering merits of the case. In the FY 2023/24 Judiciary received additional Ksh4 billion above their normal budget but there is a continuation of cases backlog, corruption and ineptitude in the dispensation of Justice by the Judiciary," Cherargei stated.

"We shall appeal this decision that negates public interest and principles of natural justice."

Court ruling on CASs

On Monday, July 3, 2023, the High Court ruled that the establishment of 50 Chief Administrative Secretaries (CAS) positions and appointment of office holders was unconstitutional.

According to a three-Judge Bench sitting in Nairobi, the government did not follow the set-out rules to establish the offices.

"We do not think that it was the intention of the framers of the Constitution to have 50 CASs deputizing 22 CSs. For the avoidance of doubt, the appointment of the 50 CASs is unconstitutional," the court ruled.

The ruling was made by the majority Judges including Justices Kanyi Kimondo and Aleem Visram while Lady Justice Hedwig Ong'udi dissented.

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