Speaker of the National Assembly, Hon. (Dr.) Moses Wetang'ula on Wednesday, March 20, 2024 said the National Government Administration Laws (Amendment) Bill, 2023 is constitutional.

This followed concerns raised on Tuesday, March 19, 2024 by Leader of the Minority Party, Hon. Opiyo Wandayi (Ugunja) about the constitutionality of establishing the offices of Chief Administrative Secretary and Head of Public Service.

In his Communication from the Chair, Speaker Wetang'ula noted that Hon. Wandayi had 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.

Citing Article 260 of the Constitution which allows for the creation of state offices through national legislation, the Speaker said the Bill is indeed constitutional. 

He 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 (Suba South), Hon. Jared Okello (Nyando), Hon. (Dr.) James Nyikal (Seme), Hon. Samuel Chepkonga (Ainabkoi), Hon. (Dr.) Wilberforce Oundo (Funyula), Hon. George  Murugara (Tharaka) and Hon. Owen Baya (Kilifi North). 

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 Hon. 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. 

In addition, he urged Members to read the amendments proposed by the Departmental Committee.

Further, the Speaker cited a recent High Court case, Matindi and three others v the National Assembly of Kenya and others [2023] KEHC 19534 (KLR), which supports this interpretation. The Court in both instances emphasized on the need for legislation in order to constitutionalize 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," he said.