ICT's chief administrative secretary Dennis Itumbi
ICT's chief administrative secretary Dennis Itumbi

Dennis Itumbi, who is the ICT's chief administrative secretary, has filed a lawsuit to overturn a court order that stops him and 49 other people from taking office after last week's inauguration.

Itumbi has filed an affidavit through Adrian Kamotho Njenga & Co. Advocates saying that the petitioners, the Law Society of Kenya and the Katiba Institute, didn't give enough evidence to back up their order.

In his comment, he said, "The petitioners refused to name Gazette Notice No. 12432 of 2022, which gave the appointment of the interested parties a strong foundation."

On March 23, 2023, the petitioners went to the High Court and asked for a number of things, including interim conservatory orders that would stop the Interested Parties from taking over or continuing to serve as Chief Administrative Secretary.

During this time, the appointees were also not allowed to get any money, benefits, or pay.

Lady Justice Ong'udi gave temporary conservatorship orders on March 24, 2023, and set a hearing for March 28, 2023, to give more instructions.

Itumbi's affidavit argued that Gazette Notice No. 12432 of 2022 supported the sound, legal, and successful appointment process for the interested parties. A court with appropriate jurisdiction has never invalidated or suspended the notice since its release on October 12, 2022. It was published in Volume CXXIV, No. 210, of the Kenya Gazette.

Itumbi also said that Joseph Kinyua's accusation plea for the declaration of 23 vacancies was a legal mistake. Kinyua used to be in charge of public service.

ICT's chief administrative secretary Dennis Itumbi

He said that Article 132(4)(a) of the Constitution says that the President must create a job in the public sector based on the advice of the Public Service Commission.

Article 234(2)(a)(ii) of the Constitution says that the 2nd Respondent (PSC) has unrestricted power to create and get rid of public service jobs, as long as they don't go against the Constitution or the law.

The alleged recommendation was therefore devoid of any legal support.

Itumbi said that there is no law that says the number of chief administrative secretaries can't be more than 23.

According to Itumbi's affidavit, "the number of office holders to suggest is completely within the purview of the 2nd Respondent (PSC) based on a thorough workload study, among other relevant reasons."

Itumbi's lawyer said that the interim conservatorship orders were given out wrongly because the petitioners didn't give enough information. They asked for a quick hearing to challenge the orders because they thought they were wrong. 

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