Reprieve for Uhuru after court ruling on political appointments
The Court of Appeal has ruled in favour of President Uhuru Kenyatta over the appointment of Cabinet Secretaries (CS) and Chief Administrative Secretaries (CAS).
On Saturday, July 24, a three judge bench suspended the implementation of the High Court judgment which declared President Uhuru's decision to create the position of CAS and failure to subject CS's reappointed in 2017 to fresh vetting and approval by Parliament unconstitutional.
“It is our finding that although there is already an inbuilt stay granted by the trial court, public interest underpinning the substratum of the intended appeal would demand that we affirm the interim orders,” justices Roselyne Nambuye, Wanjiru Karanja and Agnes Murgor ruled while suspending the judgment of High Court judge Anthony Mrima.
Had the judgement by Justice Mrima been implemented a number of CAS who lost the 2017 elections would have been rendered jobless.
The include: Alex Mwiru, Linah Chebii, Ken Obura, Hussein Dado, Ababu Namwamba and Simon Kachapin among others.
Also affected by the judgment are Cabinet Secretaries Fred Matiang’i (Interior), James Macharia (Roads and 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).
In his appeal, Attorney General Kihara Kariuki argued that if the orders granted by Judge Mrima are not stayed, the position of CAS as currently constituted will cease to exist.
Through Chief State Counsel Charles Mutinda, the AG said the CAS's would not only lose their jobs but their decisions in office may also be questioned.
Mutinda further argued that the Cabinet would not be properly constituted if the orders are not stayed.
Mutinda said that a poorly constituted Cabinet would make it difficult for government to execute its mandate.
He argued that it would also be impossible to comply with the order of the High Court at a time when the current presidential term is 15 months away from completion.