President Kenyatta's CAS Positions declared unconstitutional by High Court

The High Court has declared 29 Chief Administrative Secretary (CAS) positions created by President Uhuru Kenyatta unconstitutional. 

In a ruling on Tuesday, April 20, High Court Judge Antony Mrima said the law was not followed while the positions were being created, rendering them unconstitutional. 

The Head of State created the posts which are occupied by some influential leaders who include Rachel Shebesh, Mercy Mwangangi and Ababu Namwamba. 

Cabinet Secretaries who continued to serve without undergoing vetting in 2017 are in office illegally, Mrima also noted in his ruling. 

Furthermore, Permanent Secretaries who were not competitively recruited by the Public Service Commission (PSC), are in office illegally, he added. 

When President Uhuru created the positions, he said that the CAS position occupants would be responsible for helping the Cabinet Secretaries to better coordinate affairs in their respective ministries.

The President clarified then, “I have decided to establish a new position in government, the position of Chief Administrative Secretary in all our ministries.” 

Although the role was likened to that of an assistant minister that was in the former constitution, it was not defined in the new (2010) constitution.

Shebesh (Public Service and Gender), Namwamba (Foreign Affairs), Mwangangi (Health), Beatrice Elachi (Public Service and Gender) and Nadia Ahmed Abdalla (ICT) are some of the CASs who stand out in the current administration. 

The Building Bridges Initiative(BBI) proposed abolishing the role of Chief Administrative Secretaries (CAS) as of December 2019, providing that it will be replaced by a position of minister of state.

The report reads, "This minister of state will continue to earn their salary as MP with no additional salary for their ministerial role. Eliminate the post of Chief Administrative Secretary." 

"To ensure more effective political direction and parliamentary accountability, there shall be a position of minister of state that will be appointed from members of the National Assembly and taking direction in their ministerial duties from Cabinet ministers," it continues.