Public Service Commission advertises Chief Administrative Secretary posts

Public Service Commission offices at Commission House in Nairobi.

The Public Service Commission offices at Commission House in Nairobi.

Photo credit: Evans Habil | Nation Media Group

What you need to know:

  • Those interested have been asked to submit their applications addressed to the agency’s chief executive officer by October 27, 2022.
  • Persons who will be appointed by the President to serve as CAS will serve on a contract determined by the head of state himself.
  • Unlike in the Kenyatta administration when CAS nominees were never subjected to competitive recruitment, the candidates will this time face interviewers.

President William Ruto has returned the Chief Administrative Secretary (CAS) position after the Public Service Commission (PSC) opened applications for the posts.

Those interested have been asked to submit their applications addressed to the agency’s chief executive officer by October 27, 2022.

“Following the establishment of the Office of the Chief Administrative Secretary by 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,” said PSC chairman Anthony Muchiri in a press statement on Wednesday.

The advert comes despite a court order by the Employment and Labour Relations Court suspending the establishment of the Office of Chief Administrative Secretary in the PSC. 

Justice Monica Mbaru issued the order in a petition filed by the Law Society of Kenya challenging the legality of PSC's decision to create the CAS position.

Persons who will be appointed by the President to serve as CAS will serve on a contract determined by the head of state himself.

“A Chief Administrative Secretary will serve on contract as determined by the appointing Authority. This position is graded at CSG 3 in the Public Service - the remuneration and benefits commensurate to this level will be applicable,” said Mr Muchiri.

Establishment allies

The position of CAS, which was introduced by former President Uhuru Kenyatta four years ago, has previously been filled up with election losers and establishment allies. 

Determined to correct mistakes by his predecessor which led to the CAS positions being declared unconstitutional, President Ruto called for public participation on the creation of this position which ended on October 4, 2022.

Unlike in the Kenyatta administration when CAS nominees were never subjected to competitive recruitment, the candidates will this time face interviewers.

According to PSC, a candidate for CAS must have a Bachelor’s degree from a university recognized in Kenya as well as a demonstrable ability to manage the administrative-political interface.

A person also must demonstrate the ability to articulate public policies and programmes and the demonstrable ability to undertake complex and high-pressure tasks that require.

The PSC says that a CAS will be responsible to the Cabinet Secretary in the performance of his/her duties.

The responsibilities include: responding to issues/questions touching on the portfolio assigned to the office; providing liaison with the National Assembly and Senate, providing liaison with County Governments on matters of concurrent mandate and Providing inter-ministerial /sectoral coordination.

Others are representing the Cabinet Secretary at any meeting as instructed by the CS, and execute any other duties and responsibilities specifically assigned to the office by the Cabinet Secretary in furtherance of the interest of the Ministry.

However, it is not clear whether Dr Ruto’s administration will have only 22 CAS or if he will emulate his predecessor to have 37.

Salaries

With the PSC grading CAS at CSG 3 which is equivalent to job group V, it means that they will earn Sh765,188 in gross monthly salary and if they will be 22, they will fork out Sh1 billion in the next five years.

Having increased the number of Principal Secretaries by seven, Dr Ruto’s Executive will be bloated although he has instructed a Sh300 billion budget cut. 

This comes at a time when Dr Ruto and his deputy Rigathi Gachagua are faced with a delicate balance between the interests of politicians who helped them ascend to power and newcomers as well as little-known technocrats as Kenyans expect. 

In April 2021, the High Court ruled the appointment of 29 CAS done by the former head of state as unconstitutional but later on Judge Anthony Mrima suspended the order saying it would disrupt the orderly operations of the ministries during the Coronavirus pandemic. 

In July of the same year, Attorney-General Paul Kihara Kariuki secured a temporary relief in a court battle that involved Mr Kenyatta's decision to create the position of chief administrative secretary (CAS) and failure to subject Cabinet secretaries reappointed in 2017 to fresh vetting and approval by Parliament.

The Court of Appeal had once again suspended implementation of the High Court judgment that declared the President's decision unconstitutional.

"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," ruled justices Roselyne Nambuye, Wanjiru Karanja and Agnes Murgor while suspending the judgment of High Court judge Anthony Mrima.

A majority of the then CASs were 2017 poll losers such as Ababu Namwaba, Gideon Mung'aro, Rachel Shebesh, Alex Mwiru, Linah Chebii, Ken Obura, Hussein Dado and Simon Kachapin among others.

Activist and now Busia Senator Okiya Omtatah filed a case in 2018 arguing that the President by creating the office of Chief Administrative Secretary without consideration of the costs of manning and running it, Article 201(d) of the Constitution, which provides that public money shall be used in a prudent and responsible way, was violated.

He faulted the former President for hand-picking and appointing persons to be CASs without subjecting them to a merit-based competitive recruitment process.

"By creating the office of the CAS without consideration for the costs of manning and running it, article 201 (d) of the constitution which categorically provides that public money shall be used in a prudent and responsible way, was violated," argued Omtatah.

He also said Mr Kenyatta violated article 155 (3) (a) of the Constitution which provides that he shall nominate a person for appointment as Principal secretary from among persons recommended by the Public Service Commission.