President William Ruto has been granted unrestricted authority to appoint Chief Administrative Secretaries (CAS).
This follows a reconsideration of a proposed Bill by Members of Parliament (MPs), which had initially capped their number at 22.
The Justice and Legal Affairs Committee (JLAC) of the National Assembly had initially recommended in its report on the National Government Laws (Amendment) Bill 2023 that the maximum number of CASs be set at 22, mirroring the limit for Cabinet Secretaries. However, upon revisiting the Bill, the committee abandoned this recommendation, thereby allowing Ruto the freedom to appoint as many CASs as he deems necessary.
The committee cited the diverse roles that CASs may undertake, stating that capping their number could hinder the Executive’s ability to recruit and deploy CASs effectively in order to implement government programs.
Following the 2022 elections, Ruto had nominated 50 CASs as a means to reward loyalists and allies who had not secured elective seats. However, the courts later declared the position unconstitutional.
The CASs will now be appointed by the President based on recommendations from the Public Service Commission. The report currently before parliament stipulates that CASs must be assigned clear and distinct roles to prevent conflicts with Principal Secretaries (PSs).
However, in a minority report, Rarieda MP Otiende Amollo opposed the creation of CAS positions, arguing that their proposed functions overlap with those of other state officials.
Amollo asserted that Kenyans had intended to abolish the position of Assistant Minister, and thus, the proposals contradict the spirit of the Kenyan Constitution and the will of the people.
He further criticized the proposal to introduce an unlimited number of CASs, deeming it unconstitutional and warning that it would impose additional financial burdens on taxpayers.
