The National Assembly presided over the first reading of a bill seeking to establish and better define the role of Chief Administrative Secretaries (CAS) Wednesday, December 6.
The National Government Administration Laws bill is viewed as root to revive the CAS positions that were declared unconstitutional by the High Court in July.
Further, the bills will amend four acts including The National Government Coordination Act which intends to provide for the establishment and functions of the Head of the Public Service and offices of the CASs.
Besides, Section A of the bill elaborates the appointment process of the CASs.
In the proposed amendments, the Public Service Commission (PSC) will recommend nominees to President, the National Assembly will approve, and the President will appoint.
Eligibility Criteria
The criteria that will make one eligible for a CAS position include a bachelor’s degree, knowledge and experience in public service and meets the requirements of Chapter Six of the Constitution.
In addition, factors that will make applicants unfit for the nomination are conviction of an offence, bankruptcy and being a holder of political party position.
Further, Members of Parliament (MPs), public or state officers and individuals removed from public office are not eligible to hold CAS positions.
Also Read: Elachi Defends CAS Positions
CAS Responsibilities
A CAS will respond to issues relating to portfolio and liaise with Parliament and County governments.
Besides, CASs will give inter-ministerial and sectoral coordination and represent the Cabinet Secretary (CS) as directed.
National Assembly Previous Stand
Previously, the National Assembly declined to vet the CASs nominees handpicked by President William Ruto.
“The National Assembly is unable to vet the nominee in the absence of an express constitutional or statutory requirement to do so,” said National Assembly.
However, President Ruto swore in the CASs in March at State House buildings.
Also Read: Ruto Loyalists, Political Rejects Line Up for CAS Positions
Court Ruling
On July 3, the High Court ruled that the establishment of 50 CAS positions and appointment of office holders was unconstitutional.
According to a three-Judge Bench sitting in Nairobi, the government did not follow the set-out rules to establish the offices.
“We do not think that it was the intention of the framers of the Constitution to have 50 CASs deputizing 22 CSs. For the avoidance of doubt, the appointment of the 50 CASs is unconstitutional,” the court ruled.
The ruling was made by the majority Judges including Justices Kanyi Kimondo and Aleem Visram while Lady Justice Hedwig Ong’udi dissented.
