Bill tabled in Parliament seeking to re-introduce CAS position

A Bill that, among other things, seeks to establish and better define the role of Chief Administrative Secretaries (CASs), has gone through its first reading in Parliament.

The National Government Administration Laws (Amendment) Bill which seeks to make various amendments to four Acts is viewed as a route to revive the CAS position that was declared unconstitutional by the High Court in July this year. 

Section 12 (A) elaborates on the appointment process from the recommendation of nominees by the Public Service Commission to the President to approval by the National Assembly.

The criteria that would make one eligible to be nominated as a CAS are a Bachelor's degree, public service experience, and meets the requirements of Chapter Six of the Constitution.

In addition, factors that would deem them unfit for nomination are conviction of an offence for six months without the option of a fine, bankruptcy, holder of a political party position, being a Member of Parliament, or being a public or State officer, and if the individual has been impeached.

A CAS will respond to issues relating to their portfolio, liaise with Parliament and county governments, provide inter-ministerial and sectoral coordination, represent the Cabinet Secretary as directed and perform any other duties assigned by the Attorney General or CS.

These proposals ironically emanate from the National Assembly that only months ago declined to vet the CAS nominees handpicked by President William Ruto saying it had no constitutional authority to do so.

This however did not stop the 50 CAS nominees from being sworn in by the President at State House in March this year.

The Law Society of Kenya and Katiba Institute filed a successful petition challenging the appointment process. In July this year, the High Court dismissed the appointments, deeming them unconstitutional.

The position of CAS was initially created by former President Uhuru Kenyatta in 2018 in a process that the court later declared unconstitutional in 2021 due to among other things lack of public participation.