Mukurwe-ini MP John Kaguchia has called for a review on the legality of Chief Administrative Secretaries (CAS) positions to avoid frequent litigations in court.
Kaguchia says it would be a bad precedent for the Kenya Kwanza government to put individuals into high positions only for the positions to be declared illegal by court.
The lawmaker was speaking on Citizen TV morning show today following the filing of a case in court to block the Public Service Commission (PSC) from going ahead in undertaking the process of recruiting new CAS through a paid-up advert on local dailies.
“The Government has an opportunity to apply for the review of the same (hiring of CASs) or appeal that declaration. The Attorney General will be able to advice on the way forward because the government will not like to find itself on the wrong side of the law,” he said.
Wednesday Justice Monica Mbaru of the Employment and Labour Relations Court sitting in Nairobi granted temporary stay orders on the appointment of the CASs after the Law Society of Kenya filed a petition terming the move as unconstitutional.
The positions which were first created by retired President Uhuru Kenyatta in 2017 through an Executive Order had been deemed unconstitutional by another court ruling.
By issuing the temporary injunction on the appointments, the court has effectively slammed the brakes on PSC on the proposed appointments until the matter is heard and determined.
Meanwhile Kaguchia has blamed the outgoing Directorate of Criminal Investigations Mr. George Kinoti for the collapse of criminal cases against politicians allied to President Dr Ruto.
While many Kenyans continue to read politics in the matter, the Mukurwe-ini legislator says the cases were bound to collapse since they were politically motivated in the first place.
He argues that while Kinoti was busy pursuing persons who were deemed to be opposed to the government of the time, he failed to provide an iota of evidence incriminating the suspects for any wrongdoing.
The former Nyeri County Assembly Speaker and first time MP has also claimed the Government will never again conduct a witch-hunt for persons opposed to its policies but will be open to positive criticism for the sake of the country’s development.
“Anyone who may have been accused on trumped up charges is now free to apply for review of the charges. The leeway is that this is something that is cutting across not only for the political class,” he argues.
The Office of Directorate of Public Prosecution has dropped several criminal cases against high-ranking politicians, with some of those having been nominated to serve in Dr Ruto’s administration.
Those who have been left off the hook include former Meru Senator Mithika Linturi, former Malindi MP Aisha Jumwa, and former Governor of Samburu Moses Kasaine Lenolkulal.
Both Linturi and Ms Jumwa have been nominated to serve as CSs in Agriculture and Public Service respectively.
Others whose cases have been dropped include former Kenya Power MD Ben Chumo who was facing charges in relation to supplying faulty transformers worth Sh 400 million.
