The Employment and Labour Court has dismissed a case challenging the appointment of Cabinet Administrative Secretaries (CAS).

The petition was filed by the Law Society of Kenya (LSK), on grounds of lack of proper public participation by the Public Service Commission (PSC) and that its existence would cause financial strain to the country.

Justice Monica Mbaru on Thursday ruled that PSC’s decision to create the position was lawful and that the government can go ahead with the appointments.

The court had in October suspended the appointment of the CASs pending the case’s hearing and determination.

The PSC will now accept applications for job openings.

LSK had warned those interested in applying for the CAS positions not to be caught up in what he describes as an unlawful process.

The petition by LSK faulted the commission for not providing members of the public with adequate information to help them make a critical analysis of the necessity of expanding the Cabinet beyond having the Cabinet Secretaries and Principal Secretaries.

“Remember the Constitution has already set the two positions for CS and PS. if you are creating another position then you need to give a justification, which is what the law requires, in terms of a workload analysis so that the public is able to look at that and say vis-a-vie the roles of the PS and the CS, this role is necessary,” the LSK boss, Eric Theuri had said.

Former President Uhuru Kenyatta introduced the CAS positions in 2018, in a move that was geared towards enhancing the operations of Cabinet Secretaries.

Critics however said it was the creation of a bloated Executive meant to reward political allies at the expense of the taxpayer.

In April 2012, the High Court ruled that the CAS positions are unconstitutional following a petition filed by Busia Senator Okiya Omtatah, at the time an activist.

The Court of Appeal however would later suspend the ruling giving the current CASs a new lease of life.

President William Ruto had proposed the establishment of the offices in his new administration but tasked PSC to seek the views of the public.

“We must ask the president that he must lead his administration from the front in compliance with court orders because otherwise then the president is inviting this country to go the route of anarchy where court orders are going to be disregarded,” said Theuri.

PSC plans to shortlist and interview applicants before forwarding the list of qualified candidates recommended for consideration to President William Ruto.