Speaker Wetangula approves creation of CAS position
National Assembly Speaker rules that the creation of CAS position has adhered to constitutional requirements
National Assembly Speaker Wetangula rules that the creation of CAS position has adhered to constitutional requirements.
Azimio la Umoja has suffered a setback in a bid to stop the Kenya Kwanza administration from appointing Chief Administrative Secretaries (CASs).
The coalition objected to the National Assembly’s consideration of the National Government Administration Laws (Amendment) Bill, 2023, which aimed to codify the position in law, through Opiyo Wandayi, Leader of the Minority Party.
Wandayi in his presentation, argued that the position is not constitutional making reference to the High Court decision that dismissed the creation of 50 CAS positions by President William Ruto terming it unconstitutional.
However, the Speaker of the National Assembly Moses Wasika Wetang’ula ruled that the creation of the position has adhered to constitutional requirements.
Speaker Wetang’ula ruled in favor of the Bill’s constitutionality citing Article 260 of the Constitution which allows for the creation of state offices through national legislation.
The Speaker underscored the Justice and Legal Affairs Committee Report on the Bill which recommended certain proposed amendments intended to address the concerns raised by Wandayi.
“I have perused the Report and I am satisfied that the Committee’s proposed amendments, if passed by the House, will remedy the inadequacies, if any, contained in the Bill,” he added.
Blow to salaried Kenyans as court delivers night ruling on March deduction for housing levy
Health CS threatens to sack striking doctors
Crisis looms as teachers issue a 7-day notice for nationwide strike
DCI arrests multimillion businessman for selling counterfeit goods
Kenya commissions advanced security equipment for fighting terrorism, banditry
EPRA set the maximum number of power blackouts Kenyans will experience in a year
“The Bill being contested by the Leader of the Minority party in actual fact intends to fill the lacunae in law as identified by the Courts in the aforesaid cases,” Wetang’ula added.
In July 2023, the High Court ruled that the creation of the CAS position was unconstitutional. This followed a petition by the Law Society of Kenya (LSK) and Katiba Institute challenging the appointment process.
In a ruling delivered by judges Kanyi Kimondo, Hedwig Ong’udi and Aleem Visram, the court said public participation in the creation of the CAS post was only conducted for 23 occupants and the creation of the additional 27 occupants did not adhere to the constitutional requirement of public participation.
“The newly-created office and fresh complement of 50 had to comply with the constitution and the criteria set out earlier in Okiyah’s case in order to be lawfully established. They did not comply. The entire complement of 50 CASs is therefore unconstitutional,” the court ruled.
However, the Kenya Kwanza team and the Justice Affairs committee presented a new report defining the roles of CASs seeking to anchor it into law.
Also read,
Ruto response to those warning him of losing the 2027 election over the housing project
Over 50 chiefs and assistant chiefs in Mt Kenya face interdiction for defying government orders
Blow to Simba Arati as court suspends gazette notice declaring Kisii DG position vacant
KEBS admits subsidised fertiliser distributed to farmers is substandard
Gov Simba Arati nominates new deputy after impeachment of Robert Monda
Follow us
