Busia Senator Okiya Omtatah together with other petitioners have moved to court to abolish the establishment of the office of the Cabinet Administrative Secretaries (CAS) and Chief of Staff and Head of Public Service.
Through his official social media account, Omtatah urged that the government unconstitutional created amorphous offices, which in effect leads or will lead to unnecessary and unconstitutionally spending of scarce public finances contrary to Article 201 of the constitution.
“We are petitioning the High Court to issue a conservatory order suspending sections 8(3), 8(5), 8(6), 8(8), 12a(1), 12a(2), 12a(4) and 12a(8), National Government Coordination Act [cap. 127, laws of Kenya, as amended by the National Government Administration (Amendment) Act, 2024, that created the office of the CAS and Chief of Staff and Head of Public Service,” he wrote.
Omtatah went on to state that despite a case barring the appointment of the CASs in the Court of Appeal, the government is planning to revise the law that will be able to grant them room to restart the hiring process.
“The KK government intends to go ahead and implement the changes of the Act as regards the recommendation and appointment of CASs, even though there is a pending appeal, challenging similar appointments of 50 CASs,” he said.
Omtatah appealed to the Court to stay implementation of the impugned provisions pending the hearing adding that the High Court had earlier held that the office of CAS was equivalent to that of the Principal Secretary.
“Our prayers to the Honourable Court are to stay implementation of the impugned provisions pending the hearing and determination of the Petitioners’ case against those provisions,” he stated.
“The High Court in the earlier case held that the office of CAS was equivalent in all aspects, to that of the Principal Secretary, hence would lead to a duplication of roles,”.
We are petitioning the High Court to issue a conservatory order suspending sections 8(3), 8(5), 8(6), 8(8), 12a(1), 12a(2), 12a(4) and 12a(8), National Government Coordination Act [cap. 127, laws of Kenya, as amended by National Government Administration (Amendment) Act, 2024,…
— Okiya Omtatah Okoiti (@OkiyaOmtatah) May 29, 2024
CAS’s Salary
According to the SRC recommendation to the PSC in April, If appointed, the 50 CASs are set to pocket a gross salary of Ksh.780,000, slightly higher than the Ksh710,000 salary of a Member of Parliament.
The salary also includes; Ksh165,000 house allowance, Ksh155,887 in salary market adjustment, and Ksh459,113 in basic pay,
The Justice and Legal Affairs Committee changed the capped number of CASs from 22 to allow the president the freedom to hire the number of CASs he wishes to.
