Allies of President William Ruto who missed out on appointments to the executive as Cabinet Secretaries or PSs can now hope to join government as Chief Administrative Secretaries.
This is after the Employment and Labour Relations Court on Thursday dismissed a case that was challenging the creation of the office.
The Law Society of Kenya had filed a petition to halt the plans, arguing it was likely to cause financial strain to taxpayers as they will be forced to cater for extra wages for jobs that can be done by an already established Office of the Principal Secretary.
The petition that was filed under a certificate of urgency led to the court suspending the plans to create that office.
The suspension came on a day the Public Service Commission had invited applications for the position. Earlier, PSC had asked for public views on the creation of the CAS position as requested by President William Ruto.
In their job advertisement, PSC said applicants were required to hold a university degree.
On Thursday, Justice Monicah Mbaru dismissed LSK's petition saying the PSC was justified to create the position as it followed due process.
LSK later acknowledged the ruling with society president Eric Theuri saying in a statement, "ELRC delivers judgment on the CAS case and finds that the PSC followed the correct procedure in setting up the office. Petition by the Law Society of Kenya is dismissed."
That ruling means President Ruto is now at liberty to accommodate more allies in his government with appointments as CAS, a position seen to be equivalent to that of assistant minister in the old constitution.
Former President Uhuru Kenyatta introduced the position of CAS in 2018 and appointed most political allies to the jobs. With 22 ministries, Ruto can appoint even more CASs if he decides to emulate Kenyatta's style that saw some ministries have more than one CAS.
More than 4,000 candidates had submitted their applications to be considered for the jobs.
Among those who applied for the slots are former legislators and governors, including Millicent Omanga, Okoth Obado, Margaret Wanjiru, Cleophas Malala, Mike Sonko, Cate Waruguru, Benjamin Washiali and Caleb Kositany.
In December, President Ruto and his deputy Rigathi Gachagua met Kenya Kwanza poll losers at State House in Nairobi. The about 50 members were promised appointments as parastatal heads, board membership to state corporations and CASs.
Thursday's ruling now paves the way for the PSC to shortlist successful individuals before the interviews are conducted.
Candidates with the necessary qualifications were required to submit their applications between October 12 and 27 last year before the process was halted. A PSC official told the Star they would pick up from where they had stopped.
LSK had insisted that there was lack of clarity on the intended office of the CAS and that it would deny the public the opportunity to make comments on the possibility of the duplicity of roles with the PS.
It said that any duplicity would lead to the wastage of public funds in wages and attendant expenses.
A CAS is a second senior individual in a ministry after the CS.
Their roles entail responding to issues touching on the portfolio assigned to the office and providing liaison with the bicameral Parliament and county governments on matters of concurrent mandate and common interest.
Other mandates include providing inter-ministerial or sectorial coordination, representing the CS at any meeting as instructed and executing any other duties and responsibilities specifically assigned to the office by the CS.
PSC grades the CAS post at CSG 3 or job group V, meaning they earn a salary of Sh765,188 monthly.
