High Court Judge Antony Mrima, in a ruling on Tuesday, April 20, termed the positions unconstitutional noting that the law was not followed while they were being created, according to The Standard.
The posts, occupied by some influential leaders including Rachel Shebesh, Mercy Mwangangi and Ababu Namwamba, were created by Uhuru in 2018.
In his ruling, Mrima also noted that Cabinet Secretaries who continued to serve without undergoing vetting in 2017 are in office illegally.
He also observed that PSs who were not competitively recruited by the Public Service Commission (PSC), are in office illegally.
At the time of creation, Uhuru explained that individuals who occupy the CAS position would be responsible for helping the Cabinet Secretaries to better coordinate affairs in their respective ministries.
â€œI have decided to establish a new position in government, the position of Chief Administrative Secretary in all our ministries,â€ Uhuru stated at the time.
This role was likened to that of an assistant minister that was in the former constitution. However, this role was not defined in the new (2010) constitution.
Some of the CASs who stand out in the current administration include Shebesh (Public Service and Gender), Namwamba (Foreign Affairs), Mwangangi (Health), Beatrice Elachi (Public Service and Gender) and Nadia Ahmed Abdalla (ICT).
As of December 2019, the Building Bridges Initiative(BBI) developed as a result of the handshake between President Uhuru Kenyatta, proposed abolishing the role of Chief Administrative Secretaries (CAS).
The proposal provided that the role will be replaced by a position of minister of state.
“To ensure more effective political direction and parliamentary accountability, there shall be a position of minister of state that will be appointed from members of the National Assembly and taking direction in their ministerial duties from Cabinet ministers.
“This minister of state will continue to earn their salary as MP with no additional salary for their ministerial role. Eliminate the post of Chief Administrative Secretary,” read the report.