CASs cannot present policy positions to lawmakers, Speaker Muturi rules
The Speaker of the National Assembly Justin Muturi.
Chief administrative secretaries (CAS) are not recognised by the Constitution and therefore cannot present official policy positions before lawmakers, National Assembly Speaker Justin Muturi has ruled.
The position, he added, is also not recognised by the House standing orders, and any presentations made by a person who holds the title amount to roadside declarations.
“If it is an undertaking, it must be in writing, because our Constitution recognises Cabinet secretaries and principal secretaries. Those others can go elsewhere and do other things,” Mr Muturi said.
The Speaker was responding to a concern raised by nominated MP Geoffrey Osotsi, who alerted him that he had asked a question four months ago on issues related to the environment.
The matter was taken up by the environment committee, which convened a meeting with the CAS for the environment and natural resources in February but nothing had been done.
“This seems to be the trend where CASs appear before committees to make verbal undertakings which are never implemented,” Mr Osotsi said.
“This is a case I presented before the committee four months ago and they said they will convene a stakeholders’ meeting with the ministry, but that has not happened to date.”
Mr Muturi said any undertaking made by a CAS before any parliamentary committee must have the authority in writing from the respective Cabinet secretary and signed before it is admitted by the committee.
In 2019, Speaker Muturi, in a ruling, told a committee to decide on a case-by-case whether questions before them can be answered by CASs. MPs had protested the legality of the position of CAS, saying holders of the position cannot issue the official government position on any matter.
In April, High Court Judge Antony Mrima ruled that the creation of the office of CAS was unconstitutional, after activist Okiya Omtatah sued challenging the creation of the office and appointment of the officials.
The position was created by President Uhuru Kenyatta in 2018.
