The National Government Administration Laws (Amendment) Bill, aimed at defining the role of Chief Administrative Secretaries (CASs) more clearly, has undergone its first reading in Parliament.
This legislative move comes in the wake of the High Court’s declaration earlier this year that the CAS position was unconstitutional.
The Bill, seeking amendments to four Acts, particularly emphasizes Section 12 (A), which outlines the appointment process. According to the proposed criteria, eligible CAS nominees must hold a Bachelor’s degree, possess public service experience, and adhere to the requirements of Chapter Six of the Constitution.
The Bill also identifies disqualifying factors, including a six-month conviction without the option of a fine, bankruptcy, holding a political party position, being a Member of Parliament or a public/State officer, and having faced impeachment.
If the Bill becomes law, CASs will be responsible for addressing issues within their portfolio, collaborating with Parliament and county governments, providing inter-ministerial and sectoral coordination, representing the Cabinet Secretary as directed, and undertaking any duties assigned by the Attorney General or CS.
Interestingly, these proposed amendments originate from the same National Assembly that recently refused to vet CAS nominees selected by President William Ruto, citing a lack of constitutional authority to do so. Nonetheless, the President proceeded to swear in 50 CAS nominees in March this year.
The Law Society of Kenya and Katiba Institute successfully petitioned against the appointment process, leading to the High Court’s July ruling that deemed the appointments unconstitutional. The CAS position was initially established by former President Uhuru Kenyatta in 2018, a move later declared unconstitutional in 2021 due to, among other reasons, a lack of public participation.
