Katiba Institute's Yash Pal Ghai. The Institute has questioned the function of the new post of chief administrative secretary. PHOTO | FILE
Questions still abound about the role of a chief administrative secretary, a post that has largely been given to last year’s election losers.
The Yash Pal Ghai-led Katiba Institute wrote to the Public Service Commission demanding to be informed how the post was created, when interviews were done and the minutes of meetings the agency took to approve the nominees.
QUESTIONS
In the January 29 letter, Katiba Institute asked PSC to show that nomination to the position was based on fair competition and merit as stipulated in the Constitution and the Public Service (Values and Principles) Act.
“Please provide us with the general job description of the CAS, a copy of the communication by way of advertisement on the availability of the post and the list of persons who applied for the job,” Prof Ghai said.
Early in the week, an activist went to court calling for the scrapping of the position.
In the case filed on Tuesday, Mr Okiya Omtatah accused the President and PSC of creating the position without public participation.
He argued that the matter was of grave concern since the country’s wage bill would balloon because of the high costs of running the new offices.
“In regard to the continuing violation of the law, it is of utmost importance and urgency that such be stopped,” Mr Omtatah said.
DUTIES
In his letter, Prof Ghai wanted PSC to show that it followed the constitutional edict that public money be used in a prudent and responsible manner when a position is created.
“Has PSC conducted an assessment on the gaps in delivery of public service in the recent past?” Prof Ghai asked, adding that the commission needed to show the public if the study really existed.
The institute also wanted to know the duties to be performed by chief administrative secretaries.
“What are the salaries and benefits associated with the position? Did PSC seek advice from the Salaries and Remuneration Commission?” the letter asks.
The rights activist also told PSC to provide copies of application letters by the nominees, their curriculum vitae, the interview notes and records by panellists.
LAW
Prof Ghai told the Nation on Saturday that PSC had not replied to the letter, even after he gave the commission a 48-hour deadline.
Contacted, PSC chairperson Margaret Kobia, who has been nominated Public Service, Youth and Gender Cabinet Secretary, said that the position was created lawfully.
“Article 132 (4) of the Constitution allows the President, after consulting PSC, to establish any office in the Public Service. It does not say what position or what job group that covers,” Prof Kobia said.
She added that the President followed the law in creating the position.
“The President wrote to PSC justifying the need for the position, the structure, the job description and how it will improve service. The PSC sat and approved it,” Prof Kobia said.
She, however, refused to say if those nominated applied or were interviewed.
APPOINTED
“The chief administrative secretary will broadly be responsible for helping the Cabinet secretary to coordinate the running of the ministry,” Mr Kenyatta had said of the position.
Poll losers named chief administrative secretaries include Ms Rachel Shebesh (Public Service), Mr Hussein Dado (Devolution), Mr Ababu Namwamba (Foreign Affairs), Mr Chris Obure (Transport), Mr Nelson Gachuhie (Treasury) and Mr Patrick Ntutu (Interior).
Others were Mr Simon Kachapin (Education), Mr Gideon Mung’aro (Lands), Mr Abdul Bahari (Labour), Mr Rashid Aman (Health) and Jubilee party executive director Winnie Guchu (Water).
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