•MPs Retreat on CAS Capping Recommendation, Allowing President to Appoint Unlimited Number
Members of Parliament have backtracked on their previous recommendation to cap the number of Chief Administrative Secretaries (CAS)-
and have instead granted President William Ruto the freedom to appoint as many CASs as he desires.
This change comes after a reconsideration of a proposed Bill.
In his remarks, Rarieda MP Otiende Amollo, who presented a minority report in the House, opposed the creation of these positions, stating that they would burden the already heavily taxed Kenyan citizens.
Initially, the Justice and Legal Affairs Committee (JLAC) of the National Assembly had suggested capping the CAS positions at 22, similar to the number of Cabinet Secretaries.
However, upon further deliberations and considering memoranda, the committee abandoned this recommendation in an addendum to its report.
The addendum stated, “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 programs.”
This means that both reports on the consideration of the Bill will be reviewed together during the parliamentary debate.
In the event of conflicting recommendations,
The contents and recommendations of the addendum report will take precedence, as per parliamentary practice and House Standing Orders, which grant the House Speaker the authority to address new or emerging issues.
Dr. Amollo expressed concern that allowing the President to appoint an unlimited number of CASs violates Article 152 (1) (d) of the Constitution,
which stipulates that Cabinet Secretaries should not be fewer than 14 or exceed 22.
“The proposal to introduce an uncapped number of CASs is indeed an affront to the Constitution and would result in additional expenses on public finances, posing an unnecessary burden on Kenyan taxpayers,”Dr.Amollo said.
Despite his objections, the committee endorsed the CAS positions, aligning with the views of the Public Service Commission (PSC) on a constitutional role for the CAS.
If the Bill becomes law, CASs will hold a higher rank than MPs and will be appointed by the President based on PSC recommendations, without the involvement of MPs.
Their primary role, according to the Bill, will be to liaise with Parliament on behalf of the Cabinet Secretaries.
During his previous term, former President Uhuru Kenyatta established the CAS position in every ministry and appointed 37 individuals, mostly individuals who had lost in the elections.
In March 2023, President William Ruto followed suit and appointed 50 CASs, many of whom were also unsuccessful candidates.
However, their appointments were invalidated by the courts, deeming the positions illegal.
