Parliament approves return of the CAS position after court ruling
The Parliament Justice and Legal Affairs Committee approves the establishment of CAS positions despite being declared unconstitutional
The Parliament Justice and Legal Affairs Committee approves the establishment of CAS position despite being declared unconstitutional.
The Chief Administrative Secretary (CAS) positions, which the High Court had earlier declared unconstitutional, are being sought to be reinstated by the Parliament.
The Justice and Legal Affairs Committee (JLAC) of the National Assembly has approved the return of the CASs following a thorough review of the proposed revisions to the position.
JLAC approved the adjustments in a report that will establish the office of the CASs, saying that the changes firmly establish the office within the law.
The modifications specify that there will be twenty-two seats. The Public Service Commission (PSC) recommends candidates for these positions, and the President appoints them.
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.
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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 CAS 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.
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