Nairobi — Nandi Senator Samson Cherargei has announced his intention to appeal the High Court ruling, which deemed President William Ruto’s appointment of 50 Chief Administrative Secretaries (CASs) unconstitutional.
The ruling, delivered on Monday by Justices Kanyi Kimondo, Hedwig Ong’udi, and Aleem Visram, stated that while there was reasonable public participation in the creation of 23 CAS positions, no such participation occurred for the additional 27 positions.
Expressing his dissatisfaction with the decision, Senator Cherargei accused the Judiciary of disregarding the merits of the case and going “rogue.”
“We shall appeal this decision that negates public interest and principles of natural justice,” he said.
The senator also questioned the inconsistency in the court’s previous rulings, as they had previously allowed the government to appoint 23 CASs but later declared the appointment of CASs unconstitutional.
Cherargei further criticized the High Court, claiming that its ruling erodes the integrity and public confidence in the judicial processes of the country.
He fingered Chief Justice Martha Koome, accusing her of capitulating to the alleged cartels within the country.
“CJ Martha Koome-led judiciary is sliding into an abyss of partiality and cartel capture,” he asserted.
The senator emphasized that justice should not be influenced by “political machinations or become a tool for partisan interests or the highest bidder.”
While acknowledging the Judiciary’s independence, Cherargei argued that it should not exercise unchecked power or “go rogue.”
“Vibrant democracy recognizes checks and balances in all arms of government, including the Judiciary,” he said.
The senator took a swipe at the Azimio Coalition for celebrating the Judiciary’s ruling and defended the principle of checks and balances, calling for accountability and transparency, particularly in the use of taxpayers’ money.
On March 22, President William Ruto appointed the 50 CASs after the National Assembly failed to vet them, citing a lack of jurisdiction.
However, the High Court halted the assumption of office by the 50 CASs on March 24, following a lawsuit filed by the Law Society of Kenya (LSK) and the Katiba Institute.
Presumed ICT Chief Administrative Secretary Dennis Itumbi, one of the appointed CASs, subsequently filed an application on March 27 contesting the court’s orders that barred him and his colleagues from assuming office.
Itumbi argued that the petitioners were engaged in a fruitless endeavor, asserting that their actions sought to undermine the government’s operations for personal gain, contrary to the public interest.
He further contended that since there was no legislation guiding the number of CASs to be appointed, the President had acted within his prerogative by increasing the number.