Kenya’s Parliament is poised to reintroduce the Chief Administrative Secretary (CAS) position, months after the High Court declared it unconstitutional.
A report from the Justice and Legal Affairs Committee of the National Assembly has approved the return of the controversial office, citing it as a necessity for effective governance.
According to the committee’s recommendations, amendments to various laws, including the National Government Coordination Act 2013, have been proposed to accommodate the reestablishment of the CAS position.
Moreover, the Committee, in its recommendations, states that it “approves the provisions of the bill relating to the National Government Co-ordination Act 2013, with amendments proposed in the schedule of amendments.”
The proposed amendments stipulate that the total number of CAS positions will not exceed twenty-two, with appointments made by the President based on recommendations from the Public Service Commission (PSC).
Emphasis placed on ensuring regional and gender balance in these appointments.
Furthermore, the proposed law delineates the responsibilities of CAS, including addressing issues within their portfolio, representing the Cabinet Secretary (CS), and undertaking any other duties delegated by the CS.
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The Salaries and Remuneration Commission (SRC) is tasked with determining the salaries of CAS.
The qualifications for aspiring CAS candidates have been outlined in the proposed amendments.
According to the report, candidates must hold a bachelor’s degree and possess previous experience in public service, meeting the integrity and leadership requirements set forth in Chapter Six of the Constitution.
Additionally, individuals with certain disqualifications, such as past convictions, bankruptcy, political party affiliations, or impeachment history, will not be eligible for the position.
CAS Objections
While the majority of the Justice and Legal Affairs Committee (JLAC) supported the recommendation to reinstate the CAS position, Rarieda lawmaker and committee member, Otiende Amollo, dissented from his colleagues.
Amollo argued against the necessity of establishing this office, asserting that the duties of CAS overlap with those already assigned to cabinet secretaries and principal secretaries.
He further drew comparisons between the CAS position and the defunct role of assistant ministers.
The journey to reinstate the CAS position has been contentious, after former President Uhuru Kenyatta created the office in 2018 and subsequent abolition by the Public Service Commission in 2022.
The High Court declared the office unconstitutional in July of the previous year, a decision currently under appeal at the Court of Appeal.
Also Read: Court of Appeal Deconstructs Ruto’s 50 CAS Argument
The potential revival of the CAS position marks a significant win for President William Ruto who has on several occasion defended his 5o nominees in a bid to bolster executive governance in Kenya, prompting both support and dissent from lawmakers and Kenyans alike.
Advocates argue that the CAS role is vital for effective coordination and representation within the government, particularly at the regional level. They contend that the position allows for greater inclusivity and responsiveness to diverse community needs.
Some of the prominent personalities that Ruto had nominated to fill the 50 CAS slots included Millicent Omanga, Dennis Itumbi, Cate Waruguru, Isaac Mwaura (currently Government Spokesperson), Wilson Sossion, Eng. Nicholas Gumbo and Benjamin Washiali.