The Parliament is planning to revive the Chief Administrative Secretaries (CAS) positions previously held by 50 individuals, nearly eight months since the High Court declared the government post unconstitutional....CONTINUE READING

The Justice and Legal Affairs Committee (JLAC) of the National Assembly, in a report on the proposed amendment to a series of laws, argued that it was necessary to establish the office of the CAS.

In recommendations, the Committee indicated that it “approves the provisions of the bill relating to the National Government Coordination Act 2013, with amendments proposed in the schedule of amendments.”

According to the amendments, the number of these positions will not exceed 22 and individuals occupying these roles will be appointed by the President based on the recommendation of the Public Service Commission (PSC).

Furthermore, these appointments will prioritize regional and gender balance, with the amendments also stipulating the qualification an aspiring CAS must possess before getting that office in the public service

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One of the primary qualifications for appointment is that candidates must hold a Bachelor’s degree and have prior experience in public service while meeting the requirements outlined in Chapter Six of the Constitution regarding leadership and integrity.

Additionally, candidates will be disqualified if they have been convicted of an offence 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 further spells out that the CAS will be expected to respond to issues relating to the portfolio they have been appointed to and will represent the CS and perform any other duty as assigned by the CS.

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The salaries of the CAS will be set out by the Salaries and Remuneration Commission (SRC). As of now, besides good salaries, the CASs will enjoy other benefits and perks.

Here is a breakdown of the benefits the CASs enjoy:

They are also privileged to have two high-end vehicles, two secretaries, a driver and a personal assistant as well as unspecified security detail.

While the majority of the Committee arrived at the recommendation, Rarieda MP and JLAC member, Otiende Omollo, dissented from his colleagues on the necessity of establishing this office.

Otiende based his dissent on the fact “that the duties of a CAS were a duplication of those already assigned to cabinet secretaries and principal secretaries in the ministries. He further likened the office of the CAS to that of the defunct assistant ministers.”

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The High Court on July 3, 2023, found the office unconstitutional, ruling that there was no public participation regarding the appointment of the additional 27 CASs, though there was public participation before the appointment of CASs but only limited to 23 CASs and not 50 as appointed by President William Ruto.

The High Court also accused President Ruto of not subjecting the CASs who were selected by the Public Service Commission (PSC) for vetting by the National Assembly. The ruling was however appealed at the Court of Appeal.

The Office of the CAS is now just one step away from forming part of the public service in Kenya, dependent on the vote of the national assembly on the JLAC’s recommendation when the Bill comes to the floor of the House for a vote…CONTINUE READING>>

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