Parliament To Reintroduce CAS Positions after court declared it unconstitutional

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Parliament To Reintroduce CAS Positions after court declared it unconstitutional

After almost eight months, the three judge bench halted the aspirations of around fifty individuals who wanted to become Chief Administrative Secretaries (CAS) in the government.

Now, Parliament is planning to reinstate the position, which was previously deemed unconstitutional.

According to the report by the Justice and Legal Affairs Committee of the National Assembly, the creation of the CAS office was deemed essential in the proposed revision to several statutes.

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The Committee, in its recommendations, states that it “approves the provisions of the bill relating to the National Government Co-ordination Act 2013, with amendments proposed in the schedule of amendments.”

According to the revisions, the total number of these posts will not exceed twenty-two.

The President will nominate individuals for these positions based on the recommendation of the Public Service Commission (PSC). Moreover, these selections will give priority to achieving regional and gender equilibrium.

The modifications provide a clear description of the qualifications that an individual must possess in order to hold the position of CAS in the public sector.

One of the main prerequisites for being appointed is that candidates must possess a Bachelor’s degree and have previous experience in public service, while also fulfilling the criteria specified in Chapter Six of the Constitution pertaining to leadership and honesty.

In addition, candidates will be excluded if they have a criminal conviction that carries a minimum jail term of six months without the possibility of a fine, have been declared bankrupt, hold a position in a political party, or have been impeached.

The proposed legislation explicitly states that the CAS will be responsible for addressing matters pertaining to their designated portfolio, representing the CS, and fulfilling any additional tasks allocated by the CS.

The compensation for the Chief Administrative Secretaries (CAS) will be determined by the Salaries and Remuneration Commission.

Although most of the Committee agreed on the idea, Otiende Omollo, a member of JLAC and Rarieda MP, disagreed with his colleagues regarding the need to establish this position.

Otiende’s disagreement was grounded in the observation that the responsibilities of a CAS were redundant, since they overlapped with those previously allocated to cabinet secretaries and chief secretaries in the ministries.

He compared the office of the CAS to that of the former assistant ministers.

The position of Chief Administrative Secretary (CAS) was established in 2018 under the administration of former President Uhuru Kenyatta.

However, in 2022, the Public Service Commission (PSC) decided to eliminate this job.

In July of last year, the High Court declared the office to be unconstitutional. However, this ruling has been challenged and is currently under review at the court of appeal.

The Office of the CAS in Kenya is on the verge of being part of the public service.

Its inclusion depends on the national assembly’s vote on the JLAC’s proposal when the Bill is presented for voting in the House.

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Parliament To Reintroduce CAS Positions after court declared it unconstitutional

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