CAS nominee Dennis Itumbi during his swearing in last year.Their appointments were later overturned by courts.PHOTO/CREDIT
Taxpayers will be forced to dig deeper into their pockets after a House committee revoked a clause capping the number of Chief Administrative Secretaries (CASs), giving the President a free hand to appoint as many as he may wish.
In an addendum to the report tabled in February, the Justice and Legal Affairs Committee (JLAC) chaired by Tharaka MP George Murugara deleted the proposal that had capped the number to 22.
Committee, in the report, said capping the number may affect ability of the Executive to recruit and deploy the personnel required to deliver its programmes.
“Committee agreed with views of the Public Service Commission on a role for the Chief Administrative Secretary that accords with the Constitution. In light of the varied roles that may be assigned to a CAS, the committee noted that capping the number may affect the ability of the Executive to recruit and deploy the number required to deliver its programmes,” the report.
“The complement of the Chief Administrative Secretaries shall be as determined as the Public Service Commission. The President shall on the recommendation of PSC appoint Chief Administrative Secretaries observing regional and gender balance,” report adds.
CASs are entitled to higher pay than Principal Secretaries after the Salaries and Remuneration Commission (SRC) raised their monthly pay to Sh780,000 down from Sh765,188.
Their Grade now falls in F1, marking a departure from PSC grading that had classified them under CSG 3 or an equivalent of Job Group V.
The breakdown of the pay includes Sh459,113 as basic salary, Sh165,000 house allowance, and salary market adjustments Sh155,887.
Following the review, only the President and his deputy, who earn Sh1.44 million and Sh1.23 million respectively, and the Attorney General, Cabinet Secretaries (CSs), Secretary to the Cabinet and Head of Public Service (Sh924,000 each) will be earning more than the CASs.
“SRC has determined the monetary worth of the job of CAS at grade F1 and would like to advise on the attendant remuneration and benefits structure,” read a letter from Salaries and Remuneration Commission chairperson Lyn Mengich to PSC.
Murugara, while debating the National Government Administrative Laws (Amendment Bill) 2023 that seeks to entrench the CASs position in law, said the committee agreed to shelve the idea of capping the CASs as it is an office in the public service which has the powers to create offices.
“Eventually after debate, the capping was removed because we did evaluate this office to show it is the public service which has the power to create offices as well as the President. Depending on (the) need, the President can appoint the number of CAS depending on the exigency he is dealing with.”
Committee, however, upheld its earlier amendments that sought to bar the CASs from dealing with matters relating to parliamentary affairs unlike before where the Bill allowed them to be responsible for among other matters, liaising with Parliament and county governments on matters of concurrent mandate.
The CASs will, however, be responsible for matters relating to the portfolio assigned to the office as well as performing inter-ministerial and sectorial coordination, representing the Cabinet Secretary at any meeting as directed by the CS, and performing any other duties assigned by the Office of the Attorney General.
But despite the amendments, Rarieda MP Otiende Amollo who recorded a dissenting opinion against the move, said that the functions ascribed to the office of the CAS are a duplication of those already assigned to CSs and PSs and therefore likely to result in conflict of roles.
Amollo argued that the proposal to introduce an uncapped number of CASs is indeed an affront to the constitution and would cause additional expense on public finances and pose an unnecessary burden to taxpayers.
He said: “There is no new role being given to the CASs so we are creating a duplication of roles with the dangers of giving some roles by legislation to people who have constitutional roles,” he said.
The Bill was published after the court ruled against appointment of the CASs.
President Ruto last year picked 50 individuals to the position of CASs but the High Court later stopped them from assuming office.
The 50 CAS were sworn in by President Ruto on March 23, last year after the National Assembly declined to vet them, saying it had no constitutional authority to do so. The High Court later issued orders barring the CASs from assuming office pending the hearing and determination of the petition.
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