In the aftermath of the court ruling declaring the appointment of 50 Chief Administrative Secretaries (CAS) unconstitutional, speculations and discussions have been swirling around the intentions of President Ruto. Many are questioning whether this was a calculated move or an unintended consequence.
The court ruling sparked a flurry of conversations on social media platforms, with Kenyans expressing diverse opinions. One prominent voice in the discourse was Robert Alai, the Kileleshwa Member of the County Assembly (MCA). Alai suggested that President Ruto strategically employed the 50 CAS, knowing full well that their appointment would eventually be invalidated.
This move, according to Alai, allowed President Ruto to deflect blame for not rewarding his campaign supporters, as he could claim that he appointed them, but the courts refused their appointments. “The CAS positions were intentionally designed to be rejected. We could tell the appointees, ‘Can’t you see? I appointed you, but the courts disagreed?'” remarked Robert Alai.
Amidst the swirling conspiracy theories, another interesting speculation emerges. Some individuals suggest that the Salaries and Remuneration Commission (SRC) had prior knowledge about the potential revocation of CAS appointments. This theory gains traction as the SRC recently announced salary increments for various leaders. It is now speculated that the SRC might have strategically declared these increments, fully aware that the funds required would be diverted from the salaries of the now jobless CAS.
One individual expressed their thoughts on this theory, stating, “Now I see why the SRC was adamant. They knew where the money to fund the salary increments would come from. I apologize for overthinking…” This perspective suggests a deliberate move by the SRC, capitalizing on the anticipated outcome of the court’s ruling on the CAS appointments.
Regarding the court’s ruling on the CAS appointments, Justice Hedwig Ong’udi dissented, deeming the establishment of 23 CAS posts as constitutional. However, the additional 27 posts created in the gazette notice were declared unconstitutional.
The judges clarified that the suspension of the decision to quash the creation of the CAS positions did not nullify the earlier High Court ruling in a case filed by Busia Senator Okiya Omtatah.
Notable figures appointed to these positions included former governors Evans Kidero and Samuel Tunai, as well as former MPs Isaac Mwaura, Millicent Omanga, and Charles Njagua. The court observed that while they could not review the decision made by a judge within the same jurisdiction, they were not bound by it.
The court further highlighted that the Public Service Commission (PSC) received a total of 498 views, with 108 favoring appointments and 161 expressing support for establishing the CAS office. On the other hand, over 200 views were against the creation of CAS positions, citing concerns of role duplication with principal secretaries and the potential for a bloated wage bill and resource wastage.