Nandi Senator Samson Cherargei has criticised the High Court over the decision to stop the appointment of the 50 Chief Administrative Secretaries.
A three-judge bench found that the law was not complied with in the establishment of the said office.
In a statement, Cherargei said the High Court ruled the positions unconstitutional without considering the merits of the case.
He claimed that in the 2023-2024 budget, Judiciary received an additional 4 billion above their normal budget.
The Judiciary has gone rogue by ruling that creation of CASs positions is unconstitutional without considering merits of the case.
— Senator Kiprotich Arap Cherargei (@scherargei) July 3, 2023
In the FY 2023/24 Judiciary received additionally 4B above their normal budget but they is a continuation of cases backlog, corruption and…
"We shall appeal this decision that negates public interest and principles of Natural justice. Who will watch the watcher ?"
The High Court termed the creation of the 50 CASs by President William Ruto as unconstitutional.
Justices Kanyi Kimondo and Ali Visram said it was not the intention of the framers of the constitution to have 50 CASs deputise 22 Cabinet Secretaries.
Justice Hedwig Ong'udi however disagreed with the decision terming the decision unconstitutional.
The bench agreed with the petitioners in the case that there was no public participation regarding the additional 27 posts.
"The sequence and procedure leading to the additional 27 posts did not adhere to public participation. The process didn't meet the threshold," the bench ruled.
The judges said it was incumbent upon PSC to prove public participation covered all the posts.
Ruto on March 16, nominated 50 CASs for the position against 23 vacancies announced by the Public Service Commission.