Kenya Attorney General Muturi Appeals Court Decision Declaring CAS Jobs Illegal

The Attorney General has taken the legal battle over the position of the Chief Administrative Secretary to the Court of Appeal after disagreeing with the High Court’s ruling that the position is unconstitutional. 

This is the second time the court is being asked to look into the matter, as two years ago former AG Paul Kihara Kariuki had also appealed against the nullification of 20 CASs appointed by former President Uhuru Kenyatta. On Wednesday, Muturi filed an appeal to protect the 50 CASs employed by President William Ruto in March 2023. He said he was displeased with the High Court majority ruling delivered by justices Kanyi Kimondo and Aleem Visram.

The court mentioned that there was no public consultation in the addition of 27 CAS positions, a finding that aggrieved the AG. He also disagreed with the determination that the entire 50 CASs is unconstitutional. 

AG Muturi has written to the Deputy Registrar of the High Court’s Constitutional & Human Rights Division Milimani, requesting to be supplied with the typed proceedings of the case, a certified copy of the judgment and decree so he can lodge an appeal. Two years ago, the former AG made a similar appeal in response to a decision by High Court judge Anthony Mrima, who had ruled that former President Uhuru Kenyatta’s decision to appoint 20 CASs was unconstitutional. 

The 2023 ruling came from a case submitted by Busia Senator Okiya Omtatah. Additionally, the Law Society of Kenya (LSK), the Katiba Institute and activist Karanja Matindi filed a petition, and the court ultimately found that while there was “some reasonable public participation” in the initial 23 CASs, there was no such involvement in the additional 27.