A High Court has ruled that the creation of the Chief Administrative Secretary (CAS) office was unconstitutional.
The posts were created by President Uhuru Kenyatta in 2018. The posts, critics say, were rewards for his supporters who lost their political seats in the 2017 general election.
“I have decided to establish a new position in government, the position of Chief Administrative Secretary in all our ministries. The Chief Administrative Secretary would broadly be responsible for helping the Cabinet Secretary to better coordinate the running of the affairs of their respective ministries,” the head of state said.
Justice Anthony Murima also noted that Cabinet Secretaries (CS) who are still in office but were not vetted in 2017, are in office illegally.
The judge also said that principal secretaries not competitively recruited by the Public Service Commission (PSC) are contravening the Constitution.
He did, however, suspend his decision for 30 days to allow the Attorney General file an affidavit on ethnic and gender composition of the Cabinet.
For all appointive positions, the two-thirds gender rule must be realised, he said.
This comes after activist Okiya Omtatah challenged the creation of the CAS post.
Omtatah argued that there was no public participation in the decision to introduce CASs as assistants to cabinet secretaries.