Pursuant to standing order 199(5) and (6) of the National Assembly Standing Orders, the Hon (Dr) Otiende Amollo, SC, MP recorded a minority/dissenting opinion against approval of the provisions amending the National Government Coordination Act, 2013, to establish the Office of the Chief Administrative Secretary.
The member noted the basis for the dissenting opinion as follows:
That the functions ascribed to the office of the CAS are a duplication of those already assigned to CSs and PSs. Establishment of the office was therefore likely to result in conflict of roles.
That, having been a member of the Committee of Experts on Constitutional Review and having undertaken public participation around the country, it was his view that Kenyans intended to do away with the position of assistant ministers.
The office of the CAS is akin to that of the assistant minister and the proposal offends the spirit of the Constitution of Kenya and will of the Kenyan people.
That even the courts pronounced themselves on the unconstitutionality of the office of the CASs as was determined in Matindi & four others; Controller of Budget & 50 others (Interested Parties) (Petition E080 & E150 of 2023 (Consolidated) {2023} KEHC 19534 (KLR) (Constitutionalism and Human Rights) (3 July 2023) (Judgement) (with dissent – HI Ong’udi, J).
That the Constitution under Article 152 (I) (d) limits the number of Cabinet Secretaries to 22.
Consequently, the proposal to introduce an uncapped number of CASs is indeed an affront to the Constitution and would occasion additional expense on public finances and pose an unnecessary burden on Kenyan taxpayers.
Consequently, the member proposed the deletion of new clause 12A in the provisions of the Bill relating to the National Government Co-ordination Act, 2023.
Highlights of Otiende's minority/dissenting opinion on the proposed amendments to the National Government Coordination Bill, 2023 to establish the office of the Chief Administrative Secretary
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