Parliament will return the Chief Administrative Secretaries' positions after a three-judge bench declares them unconstitutional to the fold after nearly eight months.
The Justice and Legal Affairs Committee of the National Assembly says the establishment of the CAS office was necessary in a report on the proposed amendment to a series of laws.
In its recommendations, the committee states it "approves the provisions of the bill relating to the National Government Co-ordination Act 2013, with amendments proposed in the schedule of amendments.”
As per the amendments, these positions will not exceed twenty-two.
Further, the president will appoint individuals to these Roles based on the Public Service Commission (PSC) recommendation. Furthermore, these appointments will prioritize regional and gender balance.
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The amendments also outline the qualification an aspiring CAS must possess before getting that office in the public service
One of the primary qualifications for appointment is that candidates must hold a Bachelor's degree, have prior experience in public service, and meet the leadership and integrity requirements outlined in Chapter Six of the Constitution.
Moreover, candidates will be disqualified if they have been convicted of an offense punishable by a six-month jail term without the option of a fine, declared bankrupt, hold a political party office, or have been impeached.
The proposed law further spells out that the CAS will be expected to respond to issues relating to the portfolio they have been appointed to, Represent the CS, and perform any other duty as assigned by the CS.
The Salaries and Remuneration Commission will set out the salaries of the CAS.
Although most of the Committee came to the same conclusion, Otiende Omollo, a JLAC member and Rarieda MP member, disagreed with his colleagues over the need to create this office.
Otiende's disagreement was founded on the assertion that the responsibilities of a CAS were redundant to those previously delegated to cabinet secretaries and chief secretaries within ministries.
He went on to compare the CAS's position to that of the former assistant ministers."
Former President Uhuru Kenyatta established the CAS post in 2018, and the Public Service Commission (PSC) eliminated it in 2022.
In July of last year, the High Court declared the post to be unconstitutional; however, that ruling has been challenged in the court of appeals.
