CAS post suit in wrong court, State argues
Attorney General Kihara Kariuki (pictured) wants the Employment and Labor Relations Court to strike out a suit filed by Law Society of Kenya challenging the establishment of the office of Chief Administrative Secretary (CAS).
The AG, through Principal Litigation Counsel Christine Oyugi, filed a preliminary objection to the suit claiming the Employment and Labour Relations court did not have jurisdiction to deal with the matter.
“Under Article 162(2)(a) of the Constitution as read with Section 12 of the Employment & Labour Relations Court Act, this Court lacks the requisite jurisdiction to hear and determine this Petition and the accompanying Notice of Motion Application,” the AG says.
According to the AG, it is the High Court which is vested with the jurisdiction to determine the question as to the legality or otherwise of the President’s establishment of the office of Chief Administrative Secretary.
“The establishment of the office of Chief Administrative Secretary does not fall within the ambit of this Honourable court’s jurisdiction as outlined in Section 12 of the ELRC Act as read with Article 162(2)(a) of the Constitution,” the AG states in his court documents.
LSK moved to court to challenge Public Service Commission invitation the public to submit views on the creation of the position of Chief Administrative Secretary in the Public Service.