- Parliament addresses CAS role, aiming to redefine amidst constitutional concerns
- Legislative overhaul: CAS position faces reform following High Court ruling
- Unconstitutionality to reform: Parliament takes action on Chief Administrative Secretaries
In a significant legislative move, Parliament has taken the first step towards redefining the role of Chief Administrative Secretaries (CASs) through the National Government Administration Laws (Amendment) Bill.
This initiative follows the High Court’s declaration in July of this year, terming the CAS position unconstitutional, prompting the need for legal revisions.
The proposed bill, which has successfully passed its first reading, addresses key amendments to four Acts and is viewed as a strategic measure to revive the CAS position. Notably, Section 12 (A) of the bill delineates the appointment process. It begins with the Public Service Commission recommending nominees to the President, whose approval is subsequently sought from the National Assembly.
Eligibility criteria for CAS nomination include holding a Bachelor’s degree, relevant public service experience, and adherence to Chapter Six of the Constitution. Conversely, disqualifying factors encompass conviction of an offense without the option of a fine for six months, bankruptcy, political party positions, membership in Parliament, or holding a public or State officer position. Additionally, individuals who have been impeached are ineligible.
The role of a CAS, as outlined in the proposed bill, involves responding to portfolio-related issues, facilitating collaboration with Parliament and county governments, providing inter-ministerial and sectoral coordination, representing the Cabinet Secretary as directed, and undertaking duties assigned by the Attorney General or CS.
Interestingly, these legislative proposals originate from the same National Assembly that, a few months ago, declined to vet CAS nominees handpicked by President William Ruto, citing a lack of constitutional authority to do so. Despite this, the President proceeded to swear in 50 CAS nominees at State House in March. The Law Society of Kenya and Katiba Institute successfully petitioned against this appointment process, leading to the High Court’s decision in July to dismiss the appointments as unconstitutional.
The CAS position itself was established in 2018 by former President Uhuru Kenyatta, a move later declared unconstitutional in 2021 due, in part, to a lack of public participation. The current legislative efforts reflect a commitment to address the legal shortcomings and redefine the CAS role within the constitutional framework. As the bill progresses through Parliament, it signals a proactive approach to rectify constitutional concerns surrounding key government positions.
