𝐓𝐡𝐮𝐫𝐬𝐝𝐚𝐲, 𝐅𝐞𝐛𝐫𝐮𝐚𝐫𝐲 𝟏𝟓, 𝟐𝟎𝟐𝟒

A Joint Sitting of the National Assembly's Justice and Legal Affairs Committee, and the Committee on Administration and Internal Security started public hearings on the National Government Administration Laws (Amendment) Bill, 2023, on Monday, 12^th February, 2024.

The Amendment Bill encompasses amendments to four Acts namely; the Assumption of the Office of the President Act, 2012, the National Security Council Act, 2012, the Office of the Attorney General Act, 2012 and the National Government Coordination Act, 2013.

Among those who appeared before the Sitting co-chaired by Hon. George Murugara (Tharaka) and Hon. Gabriel Tongoyo (Narok West) were; the Principal Secretary (PS), Ministry of Interior and National Administration, Dr. Raymond Omollo, the Director- General of the National Intelligence Service, Mr. Noordin Haji and the Secretary to the Cabinet Ms. Mercy Wanjau.

While making his submission on the Assumption of the Office of the President Act, 2012; PS Dr. Omollo, proposed the inclusion of the National Security Advisor (NSA), and the Principal Secretary in the State Department of Defence, to the Assumption of the Office of the President Committee.

The Secretary to the Cabinet Ms. Mercy Wanjau, while presenting her submissions on the Office of the Attorney General Act, 2012, called for the deletion of section 28 that provides for the Attorney General (AG) to have custody of the Public Seal of the Republic of Kenya.

She informed the Committee that the practice in other jurisdictions has it that the President is the sole custodian of the Public Seal. She further cited the examples of Uganda, Tanzania and Seychelles, where the Head of State is not only the custodian, but also can appoint a person holding service, to act as the custodian, while giving directions as to the manner in which it is to be kept and used.

However, Members sought to know the reasons behind the proposed change of custody, and if there is a policy supporting that move.

In response, Ms. Wanjau stated that after the 2010 Constitution, Kenya became a Presidential System of Government, whereby the President is the holder of the seal as a symbol of statehood.

She emphasized that even with the proposed change; the AG would remain a user of the seal, adding that there would be broad guidelines on its use. Currently, the custody of the seal of the Government of Kenya is with the Attorney General.

Ms. Wanjau additionally proposed for the enactment of the Public Seal Act, to pave the way for the development of regulations governing the description, design, use, custody, authentication, restriction and display thereof.

Also appearing before the Committee were representatives from the Salaries and Remuneration Commission (SRC), who presented their views on the National Government Coordination Act, 2013. They proposed the amendment of Section 12 by inserting section 12(a), thereby establishing the office of the Chief Administrative Secretary (CAS).

They also called for the inclusion of a provision outlining the maximum compliment for the position of the CAS, and a clear description of the job responsibilities, as this would help SRC determine the cumulative remuneration and benefits for the office holders.

On their part, Parliamentary Monitoring Organization, Mzalendo Trust, raised concerns over the proposed office of the CAS, noting that it does not align with Constitutional provisions and would further occasion an additional expenditure of public finance.

They further objected to the incorporation of the Secretary to the National Security Council and the PS Defence as additional members to the Assumption of the Office of the President Committee, on the grounds that it would also be a strain on public finances.

The joint Committee will continue holding stakeholder engagements on the Bill.