Parliament Approves Return of CASs: New Qualifications and Disqualifications
The Parliament is working towards restoring the Chief Administrative Secretary (CAS) roles, which were earlier ruled unconstitutional by the High Court.
Following a comprehensive examination of the suggested changes to the role, the National Assembly’s Justice and Legal Affairs Committee (JLAC) has endorsed the reintroduction of the CASs.
In a report, JLAC gave their approval to the proposed amendments, which will result in the creation of the office of the CASs. They emphasized that these changes legally solidified the establishment of the office.
According to the revisions, there are twenty-two positions established, and the President appoints individuals to these roles based on recommendations from the Public Service Commission (PSC).
To be eligible for the role, candidates should possess a Bachelor’s degree and exhibit previous experience in public service, having worked in different roles.
Moreover, Section Six of the Constitution, dedicated to leadership and integrity, requires state officials to maintain impartiality and actively oppose nepotism, improper motives, and favoritism.
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Moreover, the revisions mandate that potential candidates must have a clean record without any criminal convictions, refrain from holding any political party office, and not have faced impeachment in the past, as such instances would lead to their disqualification.
Additional grounds for disqualification involve filing for bankruptcy and receiving a prison sentence exceeding 6 months with no possibility of a fine.
Most members of the JLAC gave their approval to the amendments, yet Otiende Omollo, the Member of Parliament from Rarieda, expressed dissent by questioning the need for the office.
Otiende argued that the responsibilities specified for the CASs duplicated those delegated to Cabinet Secretaries (CSs) and Principal Secretaries (PSs) in his statement.
The CAS role was created by ex-President Uhuru Kenyatta in 2018, only to be terminated by the PSC in 2022.
In July 2022, the High Court declared the office unconstitutional, and this ruling was subsequently challenged in the Court of Appeal through a petition.
Parliament Approves Return of CASs: New Qualifications and Disqualifications