The position of the Chief Administrative Secretaries could soon become constitutional if the national government coordination act is enacted.
In the new bill introduced in the national assembly, the position of the CASs will be anchored into the law through the appointment of the president, shortlisting and vetting by the public service commission and the national assembly respectively.
This follows a court ruling that noted that the 50 CASs that were appointed by President William Ruto did not adhere to the constitutional requirement of public participation and quashed the appointment as unconstitutional.
This is following a petition by the Law Society of Kenya (LSK) and Katiba Institute challenging the appointment process.
In a ruling delivered Monday by judges Kanyi Kimondo, Hedwig Ong’udi and Aleem Visram, the court said public participation in the creation of the CAS post was only conducted for 23 occupants and the creation of the additional 27 occupants did not adhere to the constitutional requirement of public participation.
The 50 CAS were sworn in by President William Ruto on March 23 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. The court also barred the appointees from earning a salary, remuneration, and any benefit pending the conclusion of the case.