• LSK President Eric Theuri says the Public Service Commission capped the number of CASs at 23.
• In a letter dated October 11, 2022, former Head of Public Service Joseph Kinyua told the PSC to declare 23 vacancies for the CAS job.
The Law Society of Kenya has termed the nomination of 50 Chief Administrative Secretaries an illegal undertaking by President William Ruto.
LSK President Eric Theuri says the Public Service Commission capped the number of CASs at 23.
"The PSC created 23 CASs positions. This is on oath in an affidavit in Court. The president has created an extra illegal 27 positions. This invalidates the entire list," Theuri said in a statement on Twitter.
In a letter dated October 11, 2022, former Head of Public Service Joseph Kinyua told the PSC to declare 23 vacancies for the CAS job.
He said this followed the satisfaction of conditions under Section 27 of the Public Service Commission Act in the creation of the office.
"Accordingly, and way of this letter, the Commission is consequently requested to declare 23 vacancies in the Office of Chief Administrative Secretaries, and thereafter proceed to commence the recruitment process on a priority basis," Kinyua said.
On February 16, the court threw out a case filed by LSK challenging the establishment of the CAS post in the public service.
Justice Monicah Mbaru, of the Employment and Labour Relations Court, noted in her ruling that the PSC followed requisite legal procedure in establishing the office, including holding public participation.
The court did not, however, cap the number of individuals who should be hired for the position of Chief Administrative Secretary.
There is equally no law that limits the number of CASs a president can nominate.
This could be the lacuna that left room for Ruto to increase the number of CASs from 23 that were appointed by his predecessor Uhuru Kenyatta in the Jubilee government where he served as Deputy President.
The PSC directed that CASs be hired under job Group CSG 3, putting them on the same salary scale as Permanent Secretaries.
They will be taking home ShSh765,188 gross pay, Sh35 million one-off mortgage and Sh10 million car grant.
Their mandate includes inter-ministerial coordination, liaising with county governments, Senate and National Assembly, responding to issues touching on their office, representing cabinet secretaries in meetings when directed and executing any other duties as may be assigned by the CS in charge.