Big win for President Ruto as MPs give him leeway to appoint CAS without limit
President William Ruto and Deputy President Rigathi Gachagua in a group photo with the newly sworn-in Chief Administrative Secretaries at State House, Nairobi on March 23, 2023.
What you need to know:
- The CAS will be appointed by the President on the recommendation of the PSC.
- The role of CASs according to the Bill will be liaising with Parliament on behalf of the CSs.
MPs have beaten a hasty retreat on their recommendation capping the number of Chief Administrative Secretaries (CAS) and instead given President William Ruto the leeway to appoint as many of them as possible after “reconsidering” a proposed Bill.
This even as Rarieda MP Otiende Amollo, in a dissenting opinion, a minority report tabled in the House, opposed the creation of the positions saying they will be a burden to the already overtaxed Kenyans.
Initially, in its report on the consideration of the National Government Laws (Amendment) Bill 2023, which seeks to amend the National Government Coordination Act of 2013 to entrench CASs, the Justice and Legal Affairs Committee (JLAC) of the National Assembly capped the CAS positions at 22 just like Cabinet Secretaries.
The report of JLAC, chaired by Tharaka MP George Murugara was tabled in the National Assembly on February 21, 2024.
However, upon reconsidering the Bill, which included undertaking further deliberations via memoranda, the committee abandoned its own recommendation in an addendum to its own report.
“In light of the varied roles that may be assigned to a CAS, JLAC noted that capping the number of CASs may affect the ability of the Executive to recruit and deploy the number of CASs required to deliver its programmes,”the addendum to the report reads.
This means that the two reports on the consideration of the Bill will be read together in the House once debate starts.
However, in the event of any conflict in the recommendations, the contents and recommendations of the addendum report shall prevail.
This is within the parliamentary practice as well as House Standing Orders that give the House Speaker the powers to re-look at new or emerging issues.
Dr Amollo noted that giving the President the flexibility to appoint as many CASs as he wants worsens the already dire situation as it violates Article 152 (1) (d) of the Constitution that states that Cabinet Secretaries (CSs) shall not be fewer than 14 and not more than 22.
Also Read: Is this the return of CASs?
“The proposal to introduce an uncapped number of CASs is indeed an affront to the Constitution and would occasion additional expense on public finances and pose an unnecessary burden on Kenyan taxpayers,” said Dr Amollo.
In endorsing the CAS positions, the committee effectively agreed with the views of the Public Service Commission (PSC) “on a role for the CAS that accords with the Constitution.”
If the Bill becomes law, CASs will rank above MPs in the pecking order and will be appointed by the President on the recommendation of the PSC, but without the involvement of the MPs.
To avoid the possibility of conflict with the CSs in discharging their mandates, the role of CASs according to the Bill will be “liaising with Parliament on behalf of the CSs.”
During his last term, former President Uhuru Kenyatta established the CAS position in every ministry and appointed 37 individuals, largely friends of his who had lost in the elections.
In March 2023, President William Ruto followed in the footsteps of his predecessor and appointed 50 CASs, a majority of them also poll losers.
However, their appointment was invalidated by the courts on account that the positions are illegal.
