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Justice and Legal Committee removes limits on CAS appointees

President William Ruto during a joint National Executive Retreat and Parliamentary Group consultative meeting in Naivasha, Nakuru County on February 19, 2024. (Photo: PCS)

By Eastleigh Voice Reporter | Monday, March 18, 2024

The Justice and Legal Affairs Committee in its report on the National Government Laws (Amendment) Bill 2023 had initially set the maximum number of CASs at 22 just like CSs.

President William Ruto is set to appoint as many Chief Administrative Secretaries (CAS) as he chooses should a proposed Bill pass in Parliament.

This is after MPs "reconsidered" the proposed Bill which had capped the CASs number at 22.

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The Justice and Legal Affairs Committee (JLAC) of the National Assembly in its report on the National Government Laws (Amendment) Bill 2023 had initially set the maximum number of CASs at 22 just like Cabinet Secretaries.

However, after reconsidering the Bill, the committee abandoned its earlier recommendation, a move that now gives Ruto a free hand to appoint as many CASs as he chooses.

“In light of the varied roles that may be assigned to a CAS, JLAC noted that capping the number of CASs may affect the ability of the Executive to recruit and deploy the number of CASs required to deliver its programmes,” the addendum to the report reads.

After the 2022 elections, 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.

The CASs will be appointed by the President based on recommendations from the Public Service Commission.

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

However, in the minority's report, 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.

“The proposal to introduce an uncapped number of CASs is indeed an affront to the Constitution and would occasion additional expense on public finances and pose an unnecessary burden on Kenyan taxpayers,” Amollo said.