Public Service commssion

The Employment and Labour Court dismissed a suit by the Law Society of Kenya, giving the Kenya Kwanza Government credit by approving the recruitment of Chief Administrative Secretaries (CAS).

The Public Service Commission obeyed proper procedure, according to Justice Monica Mburu's decision, who in October last year halted the employment of the CASs till the issue was examined and decided.

Justice Mbaru decided that the Public Service Commission's determination to establish the post was legitimate.

The judgment enables the PSC to start taking submissions for available positions.

The Law Society of Kenya claimed in its petition to the court that the Public Service Commission had broken the Constitution by advertising for the CAS jobs without informing the public of the consequences of employing individuals who are not protected by the Constitution.

LSK also contended that CASs serve a similar function to principal secretaries and would further drain Kenyans' bank accounts by stretching an already overburdened civil service.

The society had also alleged that PSC actually aimed to undertake substantial public engagement since it did not reveal that the job of a CAS would be comparable to that of a PS.

The government was able to go through with the selection of the CASs when the court rejected the petition and upheld the administration's position.

This follows a basic decision made by High Court Judge Antony Mrima in April 2021, who decided that the Chief Administrative Secretary position was unlawful.

On January 26, 2018, President Uhuru Kenyatta declared the establishment of the CAS post in each ministry, with the job's general remit being to assist Cabinet Secretaries in better coordinating the operation of their various ministries.

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