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House team okays creation of CAS posts in new Bill

President William Ruto, Deputy President Rigathi Gachagua and Prime Cabinet Minister Musalia Mudavadi with those he had appointed as Chief Administrative Secretaries at State House, Nairobi on March 23, 2023. (Photo: PCS)

By Barack Oduor | Thursday, March 14, 2024

President Ruto had nominated a total of 50 CASs before the courts declared the position unconstitutional.

The Chief Administrative Secretary (CAS) positions that were declared unconstitutional by courts could soon be back after a parliamentary committee approved their creation under a new bill.

However, this time round as per the amendments made by the Justice and Legal Affairs Committee (JLAC) of the National Assembly in its report on consideration of the National Government Administration Laws (Amendment) Bill 2023, the number of the CAS positions is set at 22, with individuals appointed by the President based on recommendations from the Public Service Commission.

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The report that is before parliament wants the CASs to be assigned clear and definite roles to avoid their clash with principal secretaries (PSs).

"In addition, the complement of the CAS must be clearly stated to accord with Article 152 of the constitution, which limits the number of Cabinet Secretaries," it states.

Article 152 (1) of the constitution provides for "not fewer than 14 and not more than 22 Cabinet secretaries".

Upon election, President William Ruto, in a bid to reward some of his loyalists and allies who failed to capture elective seats in the 2022 elections, nominated 50 CASs before the courts declared the position unconstitutional.

In the minority's report, however, Rarieda MP Otiende Amollo rejected the creation of the positions saying that the functions to be assigned to them are being undertaken by other state officials.

"... Kenyans intended to do away with the position of Assistant Minister ... Thus, the proposals offend the spirit of the Constitution of Kenya and the will of the Kenyan people," states the report.

JLAC, in its report also approved increasing the number of representatives of the president-elect in the Assumption of the Office of President team.

However, the committee that is headed by George Murugara (Tharaka) refused to scrap the role of the Attorney-General as the custodian of the Public Seal and transfer it to the Head of Public Service.

The team also rejected a proposal to establish and anchor in law the position of National Security Advisor. Opposition leader Raila Odinga is among those who opposed the proposal, terming it illegal.