CAS position on the line as Uhuru Kenyatta succession begins
PSC chairman Anthony Muchiri said that if the incoming Nairobi City County administration decides to end engagement with the NMS, workers will be recalled to the national government.
The position of Chief Administrative Secretary (CAS) hangs in the balance as the Public Service Commission (PSC) says that together with the incoming government, they will decide whether or not to retain it.
CAS positions, which President Uhuru Kenyatta introduced in 2017, mainly to reward political losers in the 2017 polls, were declared unconstitutional by the High Court last year. The Attorney-General, however, appealed the decision and the matter is before the Court of Appeal.
Yesterday, PSC said the incoming administration would have to engage it if it chooses to retain the positions.
“The position of CAS will be deliberated on between the PSC and the incoming administration and if they deem fit that these positions should remain, then they will engage the PSC and we will come to an understanding,” PSC Chairman Anthony Muchiri said.
Caused controversy
This leaves the fate of the position, which caused controversy over its legality in the public and Parliament, at the mercy of the new President, even as the Court of Appeal is expected to decide on the matter.
Justices Roselyne Nambuye, Wanjiru Karanja and Agnes Murgor in July last year ruled to suspend the High Court decision to declare the CAS position unconstitutional, stating: “It is our finding that although there is already an inbuilt stay granted by the trial court, public interest underpinning the substratum of the intended appeal would demand that we affirm the interim orders.”
PSC yesterday issued nine advisories to guide transition of power from the exiting administration to the incoming one, and also said it would be advertising for positions of principal secretary (PS) positions as the current cohort are expected to exit with President Kenyatta. The commission is supposed to advertise for the positions 21 days after the new President is sworn in.
“We will be interviewing for these positions and we will be recommending to the incoming administration on the suitability or otherwise of the PSs that we have interviewed,” Mr Muchiri said.
He also said that the commission has laid ground for reverting staff seconded to the Nairobi Metropolitan Services (NMS) when it was established in 2020 to the national government, should the incoming Nairobi City County administration decide to end engagement with the agency.
PSC said it was ready to return services handed to NMS by former Governor Mike Sonko’s administration to Governor-elect Johnson Sakaja’s administration.
“These advisories are supposed to ensure that in the event, because there was a deed of transfer which will be expiring in October, the incoming county administration is non-desirous of continuing the contract, then the PSC will be ready and willing to deed back all the services to the county government of Nairobi,” Mr Muchiri said.
The PSC issued the advisory, even as Mr Sakaja reiterated that he would be returning all the county government mandates back to City Hall after he was elected governor.
“I thank NMS for the work they have done for the city. I acknowledge it’s not been easy. I have learnt from them. But I want to affirm that from the day we are sworn in, all the functions of the county government under the Fourth Schedule shall revert to the county government immediately,” Mr Sakaja said.
Other advisories from the PSC to President Kenyatta’s exiting administration and the Assumption of Office of the President Committee relate to induction of new PSs and CSs, the current PSs’ exit, exiting cohort of advisors and other auxiliary personnel.
“It’s also intended to ensure there’s seamless continuity of public service in the entire republic. There will be no disruption of services and there will be seamless continuity when the current administration exits and the new administration comes in,” Mr Muchiri said.
