ICT Chief Administrative Secretary (CAS) Dennis Itumbi has filed an application in court seeking to challenge the High Court’s orders that barred the 50 appointed CAS’s from assuming office and earning salaries.
Itumbi argues that the petitioners, the Law Society of Kenya and Katiba Institute, misled the court and that the case is intended to “subvert the operations of the government”.
“The petitioners failed to disclose the existence of Gazette Notice No. 12432 of 2022, which solidly anchored the appointment of the Interested Parties,” he noted.
Itumbi argued that the appointment process of the Interested Parties was sound, valid, and effective, as indicated by Gazette Notice No. 12432 of 2022.
Itumbi also noted that the alleged recommendation by former head of public service Joseph Kinyua declaration of 23 vacancies, was a legal misadventure.
Itumbi argued that there is no known law that caps the number of Chief Administrative Secretaries at 23.
“The number of office holders to recommend is purely within the province of the 2nd Respondent (PSC) based on a comprehensive workload analysis, among other relevant considerations,” Itumbi stated in his affidavit.
In their petition, the LSK and Katiba institute through lawyers Dan Oino and Eric Theuri argued that the appointment of the 50 CASs was unconstitutional.
According to the petitioners, although the Public Service Commission (PSC) gave a nod for the appointment of 23 CASs, the President went ahead and appointed 50 which is unlawful.
Lawyer Okemwa argued that the additional 27 offices were created outside the Constitution as the President had no powers to establish office in the public service except in accordance with recommendations of PSC.
