The case challenging the appointment of 50 CAS by president William Ruto has been referred to the Chief Justice to empanel a three-judge bench to hear the case.
Justice Hedwig Ong’udi has this afternoon said the case raises serious questions adding that it is a matter of great public interest, especially in this economic times Kenya is operating in.
“I find that this matter will answer to a number of issues for the posterity of our nation and jurisprudence so the best way forward is to refer this matter to the Chief justice for empanelment of the bench to hear the matter,” she said.
She also said the question of the power of the president in establishing offices in the public service is being questioned.
“This brings to play the interpretation of article 234 of the constitution what the law says about the creation of offices in the public service and the juridical of this court in hearing an employment matter is also being challenged,” the court said.
Another question to be determined by the bench is whether the case was prematurely filed and should his excellency the president be struck out of these proceedings.
The court has also extended the orders issued stopping the CAS from assuming office or getting any salaries pending the hearing and determination of this case.
Lawyer Dudley Ochiel also brought to the attention of the court that the orders issued were being flouted since some of the CAS had already reported for work.
The state said the burden of proof laid squarely on the petitioners to prove that the alleged CAS had assumed office even though they had been barred.
The Court consolidated the petition by Katiba Institute and Law Society of Kenya with the one by Eliud Matindi.
The case will be mentioned on April 21 for further directions and to confirm if the bench will be empanelled.
