In a legal manoeuvre set to reignite the contentious debate over the Chief Administrative Secretary (CAS) position, the State has taken the matter to the Court of Appeal.

The Attorney General's office lodged a second appeal against the recent High Court ruling that deemed the CAS appointment unconstitutional.

This move comes amidst another pending appeal from former Attorney General Paul Kihara Kariuki, who previously contested the nullification of 20 CAS appointments made by former President Uhuru Kenyatta in 2018.

The latest development unfolded on Wednesday when Attorney General Justin Muturi filed a notice of appeal, aiming to safeguard the position of 50 CASs appointed by President William Ruto in March 2023.

AG Muturi expressed dissatisfaction with the ruling delivered by Justices Kanyi Kimondo and Aleem Visram at the High Court in Nairobi earlier this week.

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The grounds for the Attorney General's challenge are fourfold.

Firstly, the High Court found that there was no adequate public participation in the process of adding 27 CAS positions, despite the initial advertisement for only 23 positions.

Secondly, the court ruled that the entire complement of 50 CASs is unconstitutional.

Thirdly, the High Court decision invalidated the President's notification appointing the 50 CASs on March 16, 2023.

Lastly, AG Muturi seeks access to the typed proceedings, a certified copy of the judgment, and the decree from the Deputy Registrar of the High Court Constitutional & Human Rights Division Milimani, in preparation for the intended appeal.

This appeal echoes a previous case when AG Kihara Kariuki filed a similar challenge to a judgment made by High Court judge Anthony Mrima.

In that case, Judge Mrima declared the appointment of 20 CASs by former President Uhuru Kenyatta in 2018 as unconstitutional.

The court held that the office, created by the former president, violated both the Constitution and the law.

The ruling resulted from a case filed by human rights activist Okiya Omtatah, who now serves as the senator for Busia.

The recent High Court ruling that triggered the State's appeal came about following a petition filed by the Law Society of Kenya (LSK), the Katiba Institute, and activist Karanja Matindi.

The court noted that while there was "some reasonable public participation" in the initial appointment of 23 CASs, no such participation occurred in the subsequent addition of 27 positions.

With the matter now before the Court of Appeal, the legal battle surrounding the constitutionality of the CAS position escalates.

The appellate court's forthcoming decision will undoubtedly have significant ramifications for the future of this office and may influence broader discussions about the importance of public participation in such appointments.

As the two appeals converge, the fate of the CAS position hangs in the balance.

The outcome will have far-reaching implications for the State's administrative framework and may redefine the role of the CAS in Kenya's political landscape.