Matiang’i, Raychelle Omamo and powerful list of Uhuru’s appointees high court rendered ‘jobless’
The High Court on Tuesday, 20 April ruled that all the CAS and Cabinet Secretaries reappointed without approval of the
National Assembly and all Principal Secretaries appointed without recommendation of the Public Service Commission were in office unconstitutionally.
Justice Antoney Mrima in his ruling established that the office of the CAS was created in the Public Service and though its not unconstitutional the process of creating it was unconstitutional therefore its invalid.
The judge in his length ruling delivered through virtual link also said that the persons occupying the office of the CAS are illegally in office since they were not competitively recruited.
Yesterday’s ruling, if effected, will see 35 CASs serving in different ministries rendered jobless. The group comprises technocrats, seasoned politicians and public servants of all ages.
Those holding the plum jobs include former Cabinet Ministers Chris Obure, Linah Jebii Kilimo and Ababu Namwamba, politicians Rachael Shebesh, Peter Odoyo, Simon Kachapin, Gideon Mung’aro, Ken Obura, former Inspector General of Police Joseph Boinnet, technocrats Mercy Mwangangi and Rashid Aman, among others.
Aman and Mwangangi, who both serve in the Health docket, are some of the most visible CASs since the outbreak of the Covid-19 pandemic, owing to their articulate handling of the daily media updates.
The latest group of CASs was appointed on February 18, this year, and are yet to make an impact in their various dockets.
They include David Osiany, a vocal supporter of ODM leader Raila Odinga, who was appointed CAS for Industrialisation, Trade and Enterprise Development and Eric Simiyu Wafukho (National Treasury and Planning), a key ally of Amani National Congress (ANC) leader Musalia Mudavadi.
The CSs who continued to serve without vetting in 2017 and are, therefore in office illegally, include Fred Matiang’i (Interior), James Macharia (Transport), Joe Mucheru (ICT), Eugene Wamalwa (Devolution), Charles Keter (Energy) Raychelle Omamo (Foreign Affairs), Adan Mohamed, (East Africa Community), Sicily Kariuki (Water), Najib Balala (Tourism) and Amina Mohamed (Sports).
Omtatah had said the ministers and PSs must be vetted afresh by the National Assembly when appointed to serve in the President’s second term.
Again he held that Cabinet secretaries who served the first term of president uhuru and reappointed without vetting by the national assembly are in office illegally.
The judge also ruled that Principal secretaries who were appointed without recommendations by public service commission are in office illegally.
The petition filed by activist Okiya Omtatah was challenging the creation of the offices of CAS and the appointment of officers in that office without competitive recruitment
The petitioner also challenged the renewal of the terms of cabinet Secretaries who served the president in the first term and reappointed without vetting and approval of the national assembly.
