The High Court ruled that the establishment of the 50 CASs was unconstitutional.
A three-judge panel determined that the legislation was not followed in the establishment of the aforementioned office.
The constitution’s authors did not intend for 50 CASs to deputize 22 Cabinet Secretaries, according to Justices Kanyi Kimondo and Ali Visram.
Justice Hedwig Ong’undi however disagreed with the decision terming the office unconstitutional.
The bench agreed with the petitioners in the case that there was no public participation in regard to the additional 27 posts.
“The sequence and procedure leading to the additional 27 posts did not adhere to public participation. The process didn’t meet the threshold,” the bench ruled.
The judges said it was incumbent upon PSC to prove public participation covered all the posts.
Ruto on March 16, nominated 50 CASs for the position against 23 vacancies announced by the Public Service Commission.
The 50 were nominated from a list of 240 shortlisted candidates.
They were sworn in on March 23, 2023, after the National Assembly declined to vet them, saying it had no constitutional authority to do so.