Former Mukurweini Member of Parliament Kabando Wa Kabando and former presidential aspirant Ekuru Aukot have called on all Chief Administrative Secretaries (CAS) who used public funds after their appointment to be charged.
Kabando in a statement on Monday, July 3 stated that the CASs benefited from publiC taxes illegally.
He urged also Attorney General Justin Muturi not to consider appealing the case in the Court of Appeal.
“All of the unconstitutional 50 CASs who benefitted on public taxes illegally should be surcharged pronto. Impunity must be made costly, humiliating & stigmatizing. Attorney General shouldn't use even a single coin of public funds for useless appeals,” he stated.
Aukot echoed Kabando’s remarks saying that if the CASs spent public money they should be compelled to refund it as their positions are unconstitutional.
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“If the CASs have been drawing a salary, they must be surcharged. They must refund public money. Those positions are unconstitutional,” Aukot tweeted.
The two were reacting after a three-judge bench ruled the CAS positions unconstitutional.
Justice Hedwig Ong’undi ruled that there was public participation for 23 CAS positions and not for the 50 CASs President William Ruto appointed.
Justice Kanyi Kimondo on his part that the original CAS position was scraped in September 2022 and the new office created could no longer benefit from the original stay orders.
“The stay orders in the court of appeal preserved the original office created on January 24, 2018, once that office was abolished on September 21, 2022, the newly created office and complement of 23 office holders could no longer benefit from that stay accordingly the newly created office and fresh compliment of 50 had to comply with the constitution and the criteria set out earlier in the Okiya Omtatah case, they did not comply for the avoidance of doubt the entire complement of 50 CASs is therefore unconstitutional," he ruled.
