Government tables bill in parliament to re-introduce CAS position
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Bill tabled in parliament seeking to re-introduce the CAS position after the High Court declared it unconstitutional
Bill tabled in parliament seeking to re-introduce the CAS position after the High Court declared it unconstitutional.
Parliament has received a bill that aims to adequately define and establish the position of Chief Administrative Secretaries (CASs), among other things.
The National Government Administration Laws (Amendment) Bill, which aims to change four Acts in various ways, is seen as a way to restore the CAS position, which the High Court ruled to be unconstitutional in July of this year.
Section 12 (A) elaborates on the appointment process from the recommendation of nominees by the Public Service Commission to the President to approval by the National Assembly.
A bachelor’s degree, experience in public service, and compliance with Chapter Six of the Constitution are prerequisites for being nominated as a CAS.
A person would also be ineligible for nomination if they had been impeached, had been convicted of a crime for a period of six months without the possibility of a fine, was bankrupt, held a position in a political party, was a member of Parliament, or was employed by the government.
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In addition to responding to matters pertaining to their portfolio, CASs also coordinate between ministers and sectors, communicate with Parliament and county governments, represent the Cabinet Secretary as instructed, and carry out any additional tasks given by the Attorney General or CS.
This comes after the Law Society of Kenya and Katiba Institute filed a successful petition challenging the appointment process.
In July this year, the High Court dismissed the appointments, deeming them unconstitutional.
The ruling dealt a blow to 50 CAS nominees who had already been sworn in by President Ruto.
The position of CAS was initially created by former President Uhuru Kenyatta in 2018 in a process that the court later declared unconstitutional in 2021 due to among other things lack of public participation.
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