DECEMBER 9, 2022
News

Cabinet has not yet approved the Bill regarding the ratification of CASs’ positions

The approval of a State-sponsored Bill aimed at legally solidifying the role of Chief Administrative Secretaries (CASs) is still pending Cabinet endorsement, according to Secretary to the Cabinet, Mercy Wanjau. Speaking before the National Assembly Joint Committee on Administration and National Security and Justice and Legal Affairs, Wanjau provided insights into the National Government Administration (Amendment) Bill during a public participation session at County Hall in Nairobi.

Wanjau clarified that the proposed Bill had not been presented to the Cabinet, emphasizing that it appears to be a proposal that will undergo extensive consultations before reaching the Cabinet for consideration. She informed the joint committee that there is no Cabinet memorandum or paper specifically addressing this Bill.

Government Bills typically undergo Cabinet approval before being presented in Parliament for enactment. The joint parliamentary committee, co-chaired by Gabriel Tongoyo and George Murugara, sought confirmation on whether the Cabinet had endorsed the Bill.

The Bill, sponsored by the National Assembly Leader of Majority Kimani Ichung’wah, aims to reintroduce the position of CAS, which had been declared unconstitutional by the High Court in July of the previous year. Section 12 (A) of the Bill outlines the procedure for CAS appointments, requiring recommendations by the Public Service Commission and subsequent approval by the National Assembly.

During the committee session, questions were raised about the potential reintroduction of the CAS position, considering its previous unconstitutionality. Mandera East Member of Parliament Abdirahaman Mohamed voiced concerns, questioning if the Bill was attempting to bring back the CAS role through unconventional means.

The Bill also proposes amendments to several Acts, including the Assumption of Office of the President Act, the Office of Act, the National Security Council Act, 2012, and the National Coordination Act, 2013. These changes involve increasing the members of the Presidential Inauguration Committee, adjusting the custodian of the public seal from the Attorney-General to the Head of the Public Service, and designating the National Security Advisor as the Secretary of the National Security Council Committee.

Despite varying opinions within the government, Interior Principal Secretary Raymond Omollo expressed support for the bill, citing its potential to strengthen security laws. Omollo specifically endorsed the proposal to appoint the National Security Advisor as the secretary of the National Security Council.

However, discrepancies in government officials’ views prompted committee co-chair George Murugara to call for a unified position. Interior Secretary Mercy Wanjau suggested amendments to designate the Secretary to the Cabinet as the Secretary to the National Security Council, citing constitutional provisions that establish the role of the Secretary to the Cabinet in communicating Cabinet decisions and coordinating with the National Security Council.

Paul

Editor

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