The court of appeal has yet againg hit Ruto’s government with a negative rulling of the CAS positions adding to a series of rullings against the government in the recent past.
The Chief Administrative Secretaries was a position that was created by Ruto and his government to include his loyal foot soldiers into government. The high court had earlier on declared the positions Unconstitutional that led to the appeal.
Led by Dennis Itumbi, the nominated CAS proceeded to court of appeal in a bid to overturn and revert the rulling that the positions were unconstitutional.
Court of Appeal judges K M’inoti, Mumbi Ngugi, and Francis Tuiyott read a rulling that upheld the initial decision by the high court.
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“Taking all the foregoing into account, we are not persuaded that the applicants have satisfied us that their appeal will be rendered nugatory if we do not stay the execution of the impugned judgment by the High Court.”
According to the rulling, the nominees failed to satisfy the court that the initial decision should and why it should be changed.
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“Having failed to satisfy both limbs under rule 5(2) b of the Court of Appeal rules, this application fails and is dismissed with costs to those of the respondents in the four applications who appeared and opposed the applications. It is so ordered.”
According to the government lawyers led by the Attorney General Justin Muturi, the High Courtby declaring the positions of CASs unconstitutional, restricted the powers of the head of state. However, they further informed the court that the appointments were done at the right time.
This adds to other cases that the government has lost in the corridors of judtice with the courts declaring most of their directives Unconstitutional. This includes the Housing Levy, the finance act, Privatisation of state corporations and other cases.