President William Ruto is determined to have the position of Chief Administrative Secretary (CAS) anchored in law according to a Bill in parliament in what would potentially escalate the public wage bill that stood at Sh970 billion as of June this year, effectively weighing down an already overburdened Kenyan.
The government-sponsored National Government Administration Laws (Amendment) Bill 2023, seeks to amend the National Government Coordination Act of 2013 to establish the CAS position despite the matter still pending in the Court of Appeal.
The reporting line of the CASs, the Bill proposes, shall be such that they will be answerable to the Attorney-General or the respective Cabinet Secretary “in the performance of their duties.”
“There is established the office of the Chief Administrative Secretary which shall be an office in the public service,” reads the Bill signed by leader of majority in the National Assembly Kimani Ichung’wah.
The Bill states that the CAS will represent a Cabinet Secretary at any meeting as directed by the Cabinet Secretary and perform any other duties assigned by the office of the Attorney-General or the relevant CS.
However, the Bill does not cap the number of CAS positions that the president can appoint leaving a blank check for the appointment of as many CASs as possible to deputize the 22 Cabinet Secretaries.
“The office of CAS shall be a state office. Each CAS shall be responsible to the Attorney-General or the respective Cabinet Secretary in the performance of his or her duties,” the Bill reads.
The Bill that also seeks to establish the office of Head of Public Service, to be appointed by the president, was approved by the cabinet chaired by President Ruto before it was transmitted to parliament, an indication that it has the support of the government.
In July this year, the High Court declared the 50 CAS positions unconstitutional and an unnecessary burden to the taxpayer.
In its judgment, the High Court stated that whereas the President could establish a State office within the ranks of the public service, it required approval by the National Assembly.
“Such approval could be achieved by enactment of a statute, which provided for the same and further provided an appropriate framework for a cap on the numbers of CASs if necessary. The newly created office of CAS did not meet the constitutional threshold,” the court stated.
The court made the decision after president Ruto had created 50 positions, way beyond the 23 that were recommended by former Head of Public Service Dr Joseph Kinyua and proceeded to award them to the losers in the 2022 general election.
Although the names of the 50 CAS would be sent to the National Assembly for vetting, Speaker Moses Wetang’ula blocked it ruling that they are not among those required to be vetted by the House as provided for in the constitution.
This even as verifiable data independently obtained by Nation , indicates that it will cost the overburdened taxpayer at least Sh500 million annually on salaries and other benefits for the 50 CAS, putting more strain on the taxpayer amid questions of value for money at a time the country is facing hard time raising revenue.
The court, while delivering its judgment, stated that by virtue of their salary and hierarchy, the creation of the CAS offices would come at a substantial cost to the public.
The court also noted that the public clamour for control of the size of the executive was reflected in the draft constitution of Kenya 2004 by the constitution of Kenya Review Commission (CKRC).
It went on to state that “the creation of a similar office to the assistant minister, in the name of CASs, could not be created in the manner the President and the PSC proceeded.”
“It was not the intention of the framers of the constitution to have 50 CASs deputizing 22 cabinet secretaries. Public participation in the office of CAS was founded on a complement of 23 CASs,” the court ruled.
The CASs remuneration is on the basis that each of them will earn Sh765,188 in monthly salary, which is about Sh40 million a month and Sh480 million a year.
The amount though excludes other benefits like car grants, mortgages and insurance, which will further increase the country’s public wage bill at a time obligation to finance debt obligations are nigh.
Just like a Senator and a member of the National Assembly, each CAS will also be entitled to a one-off mortgage of Sh35 million, a Sh10 million car grant, Sh10 inpatient insurance cover and a further Sh3 million for outpatient treatment.
The taxpayer will also foot the cost of two high-end vehicles, a driver, security, a personal assistant and at least two secretaries.
Despite the court judgment, some of the CASs have continued to report to office, attend government events and even introduce themselves as CASs, putting Principal Secretaries and other senior government officials in awkward situations especially on how to handle the handlers of unconstitutional positions.
However, what the Nation could not verify is whether the CASs have been pocketing allowances and other benefits.
The Bill says that the President shall, on the recommendation of the Public Service Commission (PSC) and approval of the National Assembly, appoint the CASs.
To be eligible for appointment as CAS, an individual will be required to have a Bachelor’s degree from a university recognized in Kenya, has knowledge of and experience in the public service and satisfies the requirements of Chapter Six of the constitution.
But a person is not qualified to be appointed CAS if the person has been convicted of an offense carrying a penalty of imprisonment for a term at least six months without the option of fine and has been adjudged bankrupt by a court of competent jurisdiction.
Also unfit to hold the CAS position is an individual who holds any office in a political party, is a member of any legislature, is a public officer, holds any state office or has been removed from any public office by impeachment or conviction by a court.
The proposed law states that a CAS shall be responsible to issues relating to the portfolio assigned to the office, liaising with parliament, county governments on matters of concurrent mandate, providing inter-ministerial and sectoral coordination.
