•The matter is to be mentioned at 11 am for further directions.
•However, the case is likely to be overtaken by events as the 50 are already being sworn in.
The high court sitting in Milimani will be mentioning a case in which a Kenyan citizen residing in the UK is seeking to nullify the decision of President William Ruto to create an additional 27 Chief Administrative Secretary (CAS) positions.
Eliud Karanja Matindi says the decision by Ruto to nominate fifty persons for approval to be appointed to the office of CAS, in the full knowledge that only 23 positions were created and recruited for, is a gross violation of the constitution.
"Nominating fifty persons for appointment to the office of CAS when only 23 vacancies were proposed by the Public Service Commission advertised and recruited to, is untenable by all accounts," he says.
The matter is to be mentioned at 11 am for further directions. However, the case is likely to be overtaken by events as the 50 are already being sworn in.
Among those settled on by President William Ruto are Dr Evans Kidero, Catherine Waruguru, Wilson Sossion, Millicent Omanga, Isaac Mwaura, Dr Chris Wamalwa, Bishop Margaret Wanjiru and Joash Maangi.
The President's move has been opposed by many with the Law Society of Kenya President Eric Theuri terming it illegal.
He said the Public Service Commission capped the number of CASs at 23 but the President went ahead and created an extra illegal 27 positions. This, he said, invalidated the entire list.
Matindi in his petition contends the additional CAS office is irregular and the court should intervene.
Separately an anticorruption court will today determine whether it will overturn the conviction and sentencing if Nakuru West MP Samuel Arama in a Sh60 million graft case.
Arama has challenged his conviction, saying the evidence tendered by the prosecution was insufficient and the same should be reversed.
Arama was in March this year found guilty of defrauding a businessman of his land worth Sh60 million. He and four others were convicted of conspiracy to defraud charges.
And in a different court, a Kajiado Land Registrar and an accomplice have been charged with conspiracy to defraud land worth Sh14 million.
Jonathan Kimutai Koskei and Victor Baraza Odhiambo were accused that with intent to defraud, they made a land sale agreement for the sale of land dated March 1, 2013, purporting it to be genuine and drawn by M. Korongo and Company Advocates.