The Employment and Labor Relations Court has suspended the creation of the Chief Administrative Secretary (CAS) position in the public service.
Justice Monica Mbaru granted the Law Society of Kenya (LSK) stay orders pending the hearing and determination of an application challenging the establishment of the office.
“This honorable court is pleased to stay the implementation of the processes towards establishment of the office of Chief Administrative Secretary in the Public Service following the collection of public views pending the hearing and determination of this petition,” the judge ruled.
LSK argues that the lack of clarity on the intended office denies the public the opportunity to make comments on the possibility of the duplication of duties between the Principal Secretary and the Chief Administrative Secretary.
The court decision followed an advertisement by the Public Service Commission (PSC) on Wednesday inviting applications for CAS positions. PSC Chairperson Anthony Muchiri said applications are open until October 27th.
To qualify for appointment, a candidate must be a Kenyan citizen, hold a bachelor’s degree from a university recognized in Kenya, demonstrate the ability to manage the administrative-political interface, and possess excellent interpersonal and communication skills, according to the advert.
Former President Uhuru Kenyatta created the CAS position in 2018, but the High Court declared it unconstitutional in 2020 as no public participation was done prior to its creation.
Last month, President Ruto proposed that the position is created under the public service and have all provisions of the law, including the public participation requirement met.
As a result, the PSC invited members of the public to submit their views on the creation of the CAS position, an exercise that was concluded on October 6th.
