To centralize authority and simplify administrative processes, President William Ruto has presented the National Government Administration Laws (Amendment) Bill 2023. This includes the planned changes to the National Security Council and the creation of new roles for Chief Administrative Secretary (CAS).
Nevertheless, the focus is on the extensive powers that the measure aims to bestow upon Mr. Felix Koskei, who now serves as Head of the Public Service.
This official’s duties would include assisting the president with government affairs coordination, leading the executive office of the President administratively, and safeguarding state instruments such as the Public Seal.
The bill being proposed will change the current practice of having the Attorney General, who has been responsible for protecting national symbols like the seal, take on the additional duty of chief of staff to the president. This appointment is made at the president’s discretion.
The measure was introduced by Kimani Ichung’wah, the majority leader of the National Assembly, who included significant changes that have the potential to alter the nature of the executive branch. Changes to the responsibilities of principal secretaries and Cabinet Secretaries in relation to county affairs and parliament have an effect on the workings of the executive branch of government.
Parliament and the Judiciary, among other government branches, continue to play an essential role in the larger system of laws.
The purpose of the Act, if passed, is to ensure the safety of principal secretaries and cabinet secretaries in both the parliamentary and county levels of government.
Key obligations to be taken on by Chief Administrative Secretaries (CAS) include dealing with legislative bodies, representing Cabinet Secretaries in meetings, and matters within their respective portfolios.
The proposed law highlights the importance of each CAS’s job within the state framework by making them answerable to either the Attorney General or the respective CS.
The Attorney General or the Chief Security Officer is the ultimate authority over the work of each CAS. It is stated in the bill by Ichung’wah that the CAS office will be a state office.
The appointment of fifty Chief Administrative Secretaries (CAS) by President Ruto was ruled unlawful in July by the High Court, prompting the introduction of this bill.
To address the issues identified by the court ruling, the proposed legislation aims to fill these loopholes in the law by defining the roles and responsibilities of the Head of Public Service and the CAS offices.
An important new feature of the measure is the creation of the post of National Advisor, which the President would nominate. The duties of the current National Security Advisor would be assumed by this appointment, creating a brand-new position within the Executive branch dedicated solely to national security issues.
