National Assembly Shelves Bill Seeking to Legalise CAS Positions

New CAS pose for a picture with President William Ruto at State House, Nairobi.
New CAS pose for a picture with President William Ruto at State House, Nairobi.
PCS

The Chief Administrative Secretaries (CASs) positions have yet again been delayed following a request to the National Assembly to shelve a Bill seeking to legalise them. 

The National Assembly Majority leader, Kimani Ichung’wah, has requested National Assembly Speaker, Moses Wetangula, to step down the National Government Administrative Amendment Bill. 

According to the Thursday, 21 March, communication in the National Assembly, the Bill, which seeks to ground the CAS positions in the law, was shelved for a later date. 

“The next on the order paper was to be the National Government Administrative Amendment Bill of 2023 by the leader of Majority, he has asked the Speaker to step it down and it has been assented to,” the parliament communication noted. 

Kikuyu MP Kimani Ichung'wah speaking in Kiambu on January 12, 2024
Kikuyu MP Kimani Ichung'wah speaking in Kiambu on January 12, 2024
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Kimani Ichung'wah

Kimani Ichung’wah requested more time to seek wider consultations on the Bill, which will now have those angling the positions wait for a longer period. 

"If you go to Article 132 4 (a) of the Constitution states that the office of the President may establish an office in the Public Service in the accordance with the recommendations of the Public Service Commission," Ichung'wah defended. 

The request came a day after Speaker Wetangula okayed the Bill for debate, noting that, “The  National Government Administrative Amendment Bill is properly before the house.”

The Minority, led by Ugunja Constituency MP Opiyo Wandayi, opposed the Bill, citing unconstitutional parts. 

“We are being invited in broad daylight, to establish an office through an act of Parliament,” Wandayi noted. 

"The executive office comprises of President, Deputy and CSs, and the accounting officer is the PS. Where does the CASs fall in the executive structure?" Funyula Constituency MP Wilberforce Oundo questioned. 

In March, the Justice and Legal Affairs Committee (JLAC) of the National Assembly recommended the reintroduction of the CASs, with a reduced number from 50 positions to 25 positions. 

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.

In July 2022, the High Court termed the office as unconstitutional, a decision that was later petitioned at the Court of Appeal. 

Parliament
National Assembly proceedings on February 21, 2024.
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National Assembly of Kenya