After nearly eight months since a three-judge bench halted the aspirations of approximately fifty individuals seeking government positions as Chief Administrative Secretaries (CAS), Parliament is poised to reinstate the position deemed unconstitutional.
The Justice and Legal Affairs Committee of the National Assembly, in a report on proposed amendments to several laws, deems the establishment of the CAS office necessary.
The Committee’s recommendations endorse the provisions of the bill related to the National Government Co-ordination Act 2013, with proposed amendments outlined in the schedule of amendments.
According to these amendments, the number of CAS positions will not exceed twenty-two. Appointments to these roles will be made by the President upon the recommendation of the Public Service Commission (PSC), with a focus on regional and gender balance.
Moreover, aspiring CAS candidates must meet specific qualifications before assuming office in the public service.
These include holding a Bachelor’s degree, possessing prior experience in public service, and meeting the leadership and integrity requirements outlined in Chapter Six of the Constitution.
Candidates will be disqualified if convicted of an offense punishable by a jail term of six months without the option of a fine, declared bankrupt, hold a political party office, or have been impeached.
The proposed law outlines the responsibilities of CAS, including addressing portfolio-related issues, representing the Cabinet Secretary (CS), and undertaking duties as assigned by the CS. CAS salaries will be determined by the Salaries and Remuneration Commission.
Despite the majority of the Committee endorsing the recommendation, Rarieda MP and JLAC member, Otiende Omollo, dissented, questioning the necessity of establishing the CAS office.
He argued that CAS duties duplicate those assigned to cabinet secretaries and principal secretaries, likening the CAS office to defunct assistant ministers.
The CAS position was established in 2018 by former President Uhuru Kenyatta and abolished in 2022 by the Public Service Commission (PSC). However, the High Court deemed the office unconstitutional in July last year, a decision currently under appeal at the court of appeal.
The Office of the CAS awaits a final vote in the national assembly on the JLAC’s recommendation when the Bill reaches the House floor for consideration.
