Attorney General Justin Muturi has filed a notice of appeal against Monday's High Court ruling that said the appointment of 50 Chief Administrative Secretaries by President William Ruto was unconstitutional.
Two judges of the three-judge bench ruled that there was no public participation for 27 CAS positions above the 23 vacancies declared by the Public Service Commission and as such, the appointments stand quashed.
"The entire complement of 50 Chief Administrative Secretaries, which is to say all 2nd to 51st interested parties is unconstitutional," the judges said.
"The notification of the President of Kenya dated March 16, 2023, appointing the 2nd to 51st interested parties to the office of Chief Administrative Secretaries is hereby quashed," the added.
Justice Hedwig Ong'udi, however, differed with her colleagues Kanyi Kimondo and Aleem Visram and said the 23 CAS appointments are valid since public participation was carried out.
In his notice, Muturi says he intends to appeal the ruling rendered by the majority judges whose verdict he is dissatisfied with.
His intention to appeal the court's decision comes even as spectators in some quarters have already poured cold water on such a move saying it would be an effort in futility.
Senior counsel Ahmednasir Abdullahi said the President had done his best "to give 50 of his political supporters jobs as CASs" but following the court ruling, it's now a lost course that should be let to pass.
"The Attorney General should not appeal the 50 CAS case to the Court of Appeal. If he appeals...the route is that the courts took through the BBI process," he said in a tweet on Tuesday.
The lawyer said in a subsequent tweet that he knows "the President the President will respect the law and instead give this great 50 Kenyans some useful jobs to do in building the nation".
