The first thing you must point out is that the architecture of the Executive as set out in the Constitution envisioned a very lean national Executive especially at the senior most level that is why we have Cabinet Secretaries between 15 to 22.
What informed our constitution making at the time is that we had a bloated Cabinet of 42 members during the grand-coalition government.
Kenyans in their wisdom decided the number should be fixed between 15 to 22 Cabinet Secretaries.
President William Ruto and retired President Uhuru Kenyatta to a large extent, in administrative mischievousness, have been trying to tinker with these numbers by creating unconstitutional positions to accommodate political interests.
Remember the grand coalition arrangement was purely a vessel that was accommodative to political interests, that is what they (Ruto and Uhuru) are doing this time when we are not in a constitutional moment.
That decision of the court on the Chief Administrative Secretaries (CASs) can be a basis for one to challenge the set up of a bloated executive that has a Prime Cabinet Secretary, a position that is not recognised in the constitution and now they are trying to superimpose him as number three on the pecking order.
There is nothing like a super Cabinet Secretary in the constitution.
More so because the position is trying to superimpose itself above the ordinary Cabinet Secretaries which the Constitution of Kenya recognizes.
The Prime Cabinet Secretary office ideally alters the power structure in the Constitution.
For Principal Secretaries, there would be no legal basis to justify having 52 Principal Secretaries when PSs ought to be tied to a particular ministerial docket.
It was never envisaged that at any given time that the national Executive to split ministerial docket to create many departments and the appoint senior offices. That is purely wrong and constitutional mischievousness.
Someone can question the legality of the Prime Cabinet Secretary and the public expenditure that has been expended towards maintaining that office.
The constitutional lawyer spoke to the Star
