CAS Dennis Itumbi has filed an application in court seeking to strike out orders and petition blocking their appointment.
Itumbi wants to have orders issued on March 24,2023 stopping the newly appointed CASs from assuming office or receiving salaries struck out saying that due process was followed.
High Court Judge Hedwig Ongundi had stated that they said CASs will only assume office after a petition filed by the Law Society of Kenya and Katiba Institute challenging their legality is heard and determined.
Through lawyer Adrian Kamotho, Itumbi says that the petition cannot be heard by the current court because it lacks that jurisdiction.
He says that LSK knowingly misled the Court to issue an injunctive order that would never have been issued, had the Petitioners not irregularly withheld critical matters from the court.
“The process leading to the appointment of the Interested Parties is solidly anchored by Gazette Notice No. 12432 published on 12th October 2022 in Vol. CXXIV-No. 210 of the Kenya Gazette. The said Gazette Notice titled “CALL FOR APPLICATIONS TO THE POSITION OF CHIEF ADMINISTRATIVE SECRETARY IN THE PUBLIC SERVICE” has never been suspended nor invalidated by any competent court, hence remains sound, valid and effective, “Added lawyer Kamotho.
Itumbi says that by deceptively failing to disclose the subsistence of Gazette Notice No. 12432 of 2022, appointment of the Intended Interested Party, the Petitioner fraudulently misled the Honorable Court to issue irregular orders, by cunningly stating that the appointments contravened an unauthenticated letter addressed to the Chairperson of the Public Service Commission by Mr. Joseph Kinyua, a former head of public service “requesting for a vacancy declaration of 23 vacancies.”
He says that for the avoidance of doubt, Article 132 (4) (a) of the Constitution mandates the President to establish an office in the public service in accordance with the recommendation of the Public Service Commission.
Itumbi adds that an alleged recommendation by Mr. Kinyua requesting for a vacancy declaration of 23 vacancies is a legal misadventure, and is inherently incompatible with Article 234 (2) (a) (ii) of the Constitution which confers upon the Public Service Commission unfettered latitude to establish and abolish offices in the public service subject to the Constitution and legislation.
He adds that the appointment of the Interested parties is purely based on recommendation of the Public Service Commission.
Kamotho says that the Petitioners have sought to freeze the salary, remuneration and benefits of the Interested Parties without regard to the fact that upon appointment as Chief Administrative Secretaries, the Interested Parties relinquished their previous roles and enterprises. Thus, from all perspectives, the reliefs sought are disproportionate and life threatening since they leave the Interested parties within the path of danger and without a source of livelihood.
“Pending the hearing and determination of the application herein, the President of the republic of Kenya craves for the setting aside of the inequitable reliefs irregularly obtained by the Petitioners on 24th March 2023,” said Kamotho.
Itumbi says that the actions of the Petitioners point to a serious conspiracy calculated to capture and subvert the operations of the Government in pursuit of a personalized agenda that runs counter to the public interest.
The judge directed that the application be served to all parties and the matter be heard today.