State goes ahead with CAS invitations despite order

The Public Service Commission (PSC) appeared to court more trouble by inviting eligible individuals to apply for the position of Chief Administrative Secretary (CAS) despite an order suspending the recruitment process.

This was even after the Employment and Labour Relations Court Judge Monica Mbaru issued an order temporarily stopping PSC’s plans to hire 21 CAS following a lawsuit by the Law Society of Kenya (LSK).

On Wednesday, the commission advertised for the positions of CASs calling qualified candidates to fill the positions.

LSK urged the court to suspend the implementation of the creation of the office as directed by President William Ruto on grounds that the process is a waste of taxpayers’ money and would lead to duplicate roles between the CASs and Principal Secretaries – who are 47 in total.

The lawyers’ lobby also faulted the creation of the post saying that the process is illegal as PSC failed to conduct proper public participation as it did not provide crucial information to the members of the public while seeking their views on the matter as required by law.

In her decision, Justice Mbaru ruled that the recruitment process was suspended pending the hearing and determination of the case.

“In the interim, to allow service upon the respondent an order of stay of implementation of the process of establishment of the officer the Chief Administrative Secretary in the Public Service be and is hereby issued,” she ruled.

A few hours after the court had issued the order, the PSC invited those qualified for the post to apply, reducing fears that it would be scrapped by President Ruto’s administration.

According to the notice issued, PSC Chairman Anthony Muchiri said the applications for the post should reach the commission on or before 5:00 pm on October 27.

“Following the establishment of the Office of the Chief Administrative Secretary by H.E the President under Article 132(4) (a) of the Constitution as read with Section 30 of the Public Service Commission Act, 2017, the Public Service Commission hereby invites applications from suitably qualified persons who wish to be considered for appointment,” the notice read in part.

According to the PSC, CASs will be appointed through a vigorous competitive recruitment exercise that will culminate in being nominated by the President and vetted by the National Assembly.

The advertisement for the posts comes weeks after PSC invited members of the public to submit their views on President Ruto’s proposal for the establishment of the CAS position.

The government’s move to kick start afresh the process comes after the High Court in April 2021 declared the creation of the office by former President Uhuru Kenyatta unconstitutional.

This is after Busia Senator Okiya Omtatah had petitioned the court challenging the appointment of CASs by the Head of State and the creation of the office of the CAS.

He argued that there was no public participation in the decision to introduce CASs as assistants to Cabinet Secretaries.

In his decision, High Court Judge Antony Mrima declared the position illegal noting that the law was not followed while being created. In addition, Cabinet Secretaries who continued to serve office without being vetted in 2017 were deemed to be in office illegally.

Uhuru at the time explained that those who would be holding the CAS role would be responsible for helping the Cabinet Secretaries to better coordinate affairs in their respective ministries.

“I have decided to establish a new position in government, the position of Chief Administrative Secretary in all our ministries,” Uhuru stated at the time. The CAS was simply likened to an assistant minister as per the previous Constitution but was not defined in the 2010 Constitution.