The Parliament is seeking to reinstate the Chief Administrative Secretary (CAS) positions, which were previously deemed unconstitutional by the High Court.
After a thorough analysis of the proposed amendments to the position, the Justice and Legal Affairs Committee (JLAC) of the National Assembly has recommended the reintroduction of the CASs.
In a report, JLAC approved the amendments, that will see the establishment of the office of the CASs, noting that the changes anchor the office in the law.
As per the amendments, the number of positions is set at twenty-two, with individuals appointed by the President based on recommendations from the Public Service Commission (PSC).
To qualify for the position, individuals must hold a Bachelor’s degree and demonstrate prior experience in public service, having served in various capacities.
Additionally, Chapter Six of the Constitution, which focuses on leadership and integrity, mandates state officers to uphold objectivity and combat nepotism, improper motives, and favouritism.
Further, the amendments require aspiring candidates to be clean of any criminal convictions, not be a holder of any political party office, not previously impeached, as this will render them disqualified.
Other disqualifications include a declaration of bankruptcy and a jail term of more than 6 months without the option of a fine.
The majority of the JLAC voted to approve the amendments. However, Rarieda Member of Parliament (MP) Otiende Omollo disagreed with his counterparts, questioning the necessity of the office.
In his argument, Otiende noted that the duties outlined for the CASs were a duplication of those assigned to Cabinet Secretaries (CSs) and Principle Secretaries (PSs).
The CAS position was established by former President Uhuru Kenyatta in 2018 but was abolished by the PSC in 2022.
In July 2022, the High Court termed the office as unconstitutional, a decision that was later petitioned at the Court of Appeal.
