The National Government Administration Laws (Amendment) Bill, 2023
Status Timeline
Proposed
Active now
Public Review
Pending
Debate
Pending
Executive
Pending
Final
Pending
Establishment of Chief Administrative Secretary Offices
Amends the National Government Co-ordination Act, 2013 to establish the office of Chief Administrative Secretary as a State office.
- Appointment: Nominated by the President on the recommendation of the Public Service Commission, subject to approval by the National Assembly.
- Eligibility: Must hold a Bachelor's degree and have public service experience.
- Exclusions: Persons convicted of an offence carrying imprisonment of six months or more (without the option of a fine), bankrupt individuals, and active political party officers or legislators are disqualified.
Head of Public Service Appointed Custodian of the Public Seal
Amends the National Government Co-ordination Act, 2013 and deletes Section 28 of the Office of the Attorney-General Act, 2012, to establish the Head of the Public Service within the Office of the President.
- Key Role: Serves at the President's pleasure as the Chief of Staff and the administrative head of the Executive Office of the President.
- Public Seal: Formally transfers the custodianship of the Public Seal of Kenya from the Attorney-General to the Head of the Public Service.
Creation of National Security Advisor and Council Committee
Amends the National Security Council Act, 2012 to establish the office of the National Security Advisor and a National Security Council Committee.
- National Security Advisor: Appointed by the President following Public Service Commission recommendation and National Assembly approval, serving as the Secretary to the National Security Council.
- National Security Council Committee: Chaired by the Head of the Public Service, tasked with policy recommendations, day-to-day security coordination, and monitoring national security threats.
Broadening the Presidential Transition Committee
Amends Section 5 of the Assumption of the Office of President Act, 2012 to adjust the membership of the transition committee.
- Additional Members: Incorporates the National Security Advisor and the Principal Secretary responsible for defence into the committee.
- President-Elect Nominees: Expands the number of nominees permitted for the President-elect from three to six.
Bill No.
No. 73 of 2023
Gazette No.
Supplement No. 233 of 2023
Sponsor
Kimani Ichung'wah
Background
The National Government Administration Laws (Amendment) Bill, 2023 seeks to update administrative procedures, secure better coordination within national government structures, and institutionalize key state offices in the public service. It targets administrative reforms across security, advisory, and executive coordination structures.
Key Amendments
The Assumption of the Office of President Act, 2012 (No. 21 of 2012)
- Incorporates the newly established National Security Advisor and the Principal Secretary responsible for defence into the transition committee.
- Increases the number of persons nominated by the President-elect to the transition committee from three to six.
The National Security Council Act, 2012 (No. 23 of 2012)
- Establishes the office of the National Security Advisor as an office in the public service, appointed by the President on the recommendation of the Public Service Commission and approved by the National Assembly.
- Establishes the National Security Council Committee, chaired by the Head of the Public Service, to recommend security policies, oversee the implementation of Council decisions, and monitor threat warnings.
The Office of the Attorney-General Act, 2012 (No. 49 of 2012)
- Repeals Section 28, removing the Attorney-General as the custodian of the Public Seal of the Republic of Kenya.
The National Government Co-ordination Act, 2013 (No. 1 of 2013)
- Formally establishes the Office of the Head of the Public Service as the Chief of Staff, administrative head of the Executive Office of the President, and custodian of the Public Seal.
- Establishes the office of the Chief Administrative Secretary as a State office in the public service.
New Obligations
Eligibility and Qualifications for Chief Administrative Secretaries
Under the proposed Section 12A of the National Government Co-ordination Act, 2013, candidates for the office of Chief Administrative Secretary must:
- Hold a Bachelor's degree from a university recognized in Kenya.
- Have knowledge and experience in the public service.
- Satisfy the integrity requirements of Chapter Six of the Constitution.
Candidates are disqualified if they:
- Have been convicted of an offence carrying imprisonment of at least six months without the option of a fine.
- Have been adjudged bankrupt.
- Hold office in a political party, are members of any legislature, or hold any other State or public office.
- Have been removed from public office through impeachment or court-ordered conviction.
Duties of Chief Administrative Secretaries
A Chief Administrative Secretary is responsible for:
- Responding to issues relating to the portfolio assigned to their office.
- Liaising with Parliament and County Governments on concurrent mandate matters.
- Providing inter-ministerial and sectoral coordination.
- Representing the Cabinet Secretary at meetings as directed.
No updates tracked yet
Updates will be visible here once they are approved and applied to this bill.