Blow to State in CASs case as court declines to suspend decision

The government has been dealt a blow after the Court of Appeal declined to suspend a decision that found the appointment of 50 Chief Administrative Secretaries (CAS) to be unconstitutional.

Justice Kathurima M'inoti, Mumbai Ngugi, and Francis Tuiyot said they are not persuaded that the collective destiny of Kenyans lies in the hands of 50 CASs whose offices are seriously contested.

They were of the view that the appeals lodged by the office of the Attorney General and other parties will not be rendered useless if the decision issued by the High Court is not suspended.

"If we hear the matter and find that the offices were created in violation of the constitution, we cannot fathom how the public can be compensated or how it can be comforting to Kenyans," the court ruled.

The judges said the AG and the CASs have not demonstrated any dire consequences that will suddenly befall Kenyans as they await the determination of the appeals.