Editor's Review

“If Ruto has never lost a battle, will this be the first?”

Political analyst Mutahi Ngunyi has weighed in on the High Court’s decision to reject the appointment of 50 Chief Administrative Secretaries (CAS). 

In an update via Twitter on Monday, July 3, Ngunyi said he agrees with the court’s decision to term the CAS position unconstitutional. 

He opined that President William Ruto does not care about the CAS positions.

“I agree with the Judiciary - 50 CASs were too much. Ruto does not care about CASs. He can blame the judiciary for their loss. But can democracy stand in the way of governmentation - the act of bringing government to life?” Ngunyi posed.

He went on to question whether this will be the first time President Ruto will lose a battle.

“If Ruto has never lost a battle, will this be the first?” Ngunyi posed. 

Three-judge High Court bench: Justices Kanyi Kimondo, Hedwig Ong'udi & Visram Alnashir

A three-judge bench comprising Justices Kanyi Kimondo, Hedwing Ong’udi, and Visram Alnashir on Monday ruled the CAS positions unconstitutional noting that there was public participation on the 50 posts.

"There was no public participation in the appointment of the extra 27 CASs. The establishment of the extra 27 CAS positions is unconstitutional,” said Justice Ong’undi.

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.