Uhuru sued over formation of Chief Administrative Secretary post

Activist Okiya Omtatah has moved to court to challenge President Uhuru Kenyatta’s formation of the new post of Chief Administrative Secretary, citing lack of public participation.

In the petition filed Monday morning, Omtatah argues that the president together with the Public Service Commission must be stopped from “ignoring” the rule of law which is a key national value and principle of governance.

In the case filed at the Milimani Law Courts, Omtatah says that there was no public participation, therefore, the decision to have the CAS position in the cabinet is null and void.

“The creation of the position of Chief Administrative Secretary in all Government ministries by President Uhuru Kenyatta in consultation with the Public service Commission is invalid, null and void ab initio and of no legal effect,”argues Omtatah.

He wants the court to quash President Kenyatta’s decision and prohibit the speaker of the national assembly from receiving and considering for vetting the names of persons nominated.

Omtatah says that he is aggrieved that, at a time when the country’s ballooning wage bill is a matter of grave concern, no consideration has been given to the costs of running the new offices of Chief Administrative Secretary in all government ministries.

He has asked the court to move with speed to protect the rule of law and constitutionalism.

“If this Honorable Court does not interdict the impugned actions of President Uhuru Kenyatta and Public Service Commission concerning the creation of offices in the public service, and the appointment of persons to offices in the public service, due process, rule of law, and constitutionalism in general, will be overthrown,” argues Omtatah.

He argues that the president violated the constitution by handpicking and appointing persons to be Chief Administrative Secretaries, without subjecting them to a merit-based competitive recruitment process.

Among the orders that Omtatah is seeking is an order compelling President Kenyatta to submit all nominees to the Office of Cabinet Secretary for vetting by the National Assembly irrespective of whether or not they served in its first term.

Omtatah further says he is aggrieved that cabinet secretaries, who ought to be vetted afresh by the National Assembly when re-appointed to serve in a president’s second term, are being appointed without being vetted.

Similarly, he wants the court to compel the Public Service Commission to announce vacancies in the office of Principal Secretary in all ministries, and to proceed to competitively recruit and recommend to the president persons for appointment as principal secretary.

He also wants an order to quashing nomination/appointment of persons to be principal secretaries and chief administrative secretaries as announced by the president on 26th January 2018.