The Speaker of the National Assembly, Hon. Moses Wetang’ula, has ruled that the National Government Administration Laws (Amendment) Bill, 2023 is constitutional.
This comes after Leader of the Minority Party, Hon. Opiyo Wandayi, raised concerns about the constitutionality of establishing the offices of Chief Administrative Secretary and Head of Public Service on Tuesday 19th March 2024, during the Second Reading of the Bill.
While addressing the National Assembly, Dr. Wetang’ula noted, “Hon. Opiyo Wandayi singled out the proposed amendments to the provisions relating to the establishment of the Office of the Chief Administrative Secretary and that of the Head of Public Service saying if the amendments were passed in the manner contained in the Bill, it would be unconstitutional.”
Speaker Wetang’ula ruled in favor of the Bill’s constitutionality citing Article 260 of the Constitution which allows for the creation of state offices through national legislation.
In his Communication to the National Assembly, Dr. Wetang’ula acknowledged having listened to the concerns raised by the Leader of the Minority Party as well as the arguments and counter- arguments by Hon. Caroli Omondi, the Hon. Jared Okello, the Hon. (Dr.) James Nyikal, the Hon. Samuel Chepkonga, the Hon. (Dr.) Ojiambo Oundo, the Hon. Gitonga Murugara and the Hon. Owen Baya.
Regarding the establishment of the Office of the Chief Administrative Secretary and the Head of Public Service, the Speaker underscored the Justice and Legal Affairs Committee Report on the Bill which recommended certain proposed amendments intended to address the concerns raised by Hpn. Opiyo Wandayi.
“I have perused the Report and I am satisfied that the Committee’s proposed amendments, if passed by the House, will remedy the inadequacies, if any, contained in the Bill,” he added.
Members of the National Assembly were urged to read the amendments proposed by the Departmental Committee on Justice and Legal Affairs.
The Speaker of the National Assembly further cited a recent High Court case, Matindi &3 others v The National Assembly of Kenya & others [2023] KEHC 19534 (KLR), which supports this interpretation. The Court in both instances emphasized on the need for legislation in order to constitutionalise the establishment of those offices.
“The Bill being contested by the Leader of the Minority party in actual fact intends to fill the lacunae in law as identified by the Courts in the aforesaid cases,” said the Dr. Wetang’ula.
” The National Government Administration Laws (Amendment) Bill, 2023 is properly before the House,” concluded Speaker Wetang’ula.
Following the Speaker’s ruling the National Government Administration Laws (Amendment) Bill, 2023 will proceed to the Committee of the Whole House for further debate.
