Dennis Itumbi, the Chief Administrative Secretary (CAS) for Information Communication and Technology (ICT), moved to court on Monday, March 27, to counter an earlier ruling barring CASs from assuming office.
Through his lawyers, Adrian Kamotho Njenga and Company Advocates, the ICT CAS wants the High Court ruling vacated, arguing that the evidence provided was insufficient.
On Friday, March 24, High Court barred the 50 CASs from assuming office or withdrawing salaries until a case filed by the Law Society of Kenya (LSK) and Katiba Institute was heard.
“The petitioners failed to disclose the existence of Gazette Notice No. 12432 of 2022, which solidly anchored the appointment of the interested parties,” Itumbi argued why the case should be thrown away.
President William Ruto poses for a photo with 50 newly appointed CASs at State House on March 23, 2023.
William Ruto Itumbi further argued that the appointment process followed the set-out constitutional process.
“The appointment process of the Interested Parties was sound, valid, and effective, as anchored by Gazette Notice No. 12432 of 2022.
“Notice was published on October 12, 2022, in Vol. CXXIV-No. 210 of the Kenya Gazette, and has never been suspended nor invalidated by any competent court,” Itumbi told the High Court in his filings.
According to Itumbi, the President could appoint as many CASs as he deemed fit.
The former digital strategist underlined that the decision by the former head of public service, Joseph Kinyua, to peg the number of CASs to 23 was a legal misadventure.
CASs, on Monday, March 27, defied the court order and reported to their workstations.
Some CASs who reported to work on Monday, March 27, included those attached to the Deputy President and Chief Cabinet Secretary offices.
“I met the new CASs attached to my office this morning. Ann Wanjiku, Edwin Sudi Wandabusi, and Nicholas Rioba reported to the office on Thursday after they were sworn in at State House, Nairobi,” DP Rigathi Gachagua stated.
Interior Security Cabinet Secretary (CS) Kithure Kindiki welcomed CASs Millicent Omanga, Samuel Tunai and Mohamud Saleh to the Ministry.
From left: CASs Cate Waruguru (Foreign Affairs), Dennis Itumbi (ICT) and Millicent Omanga (Interior).