Beatrice Elachi Supports Creation Of CAS Position, Says It'll Give Gov't Revenue

• According to Beatrice Elachi, the CAS position would widen the tax bracket as the state seeks to collect more revenue at the expense of procuring debts
• Her argument is in the face of calls by a section of Kenyans to the government to undertake austerity measures in government spending as the economy limps
• The Dagoretti North MP's argument would, however, rattle some compatriots, who pointed out that inflating the wage bill would not fill the tax shortfalls as she reasoned

Nairobi - Dagoretti North member of parliament Beatrice Elachi has ruffled feathers after defending the Chief Administrative Secretary (CAS) position, which was contested in court.

The lawmaker argued that with the post, the government would have a widened tax bracket from which it would source more revenue to fill the shortfalls as the government honours its debt.

According to her reasoning, the CASs' salaries would be taxed thus ironically benefiting the same government that pays them from the taxes.

Beatrice Elachi's thoughts on CAS post

Also, she said, the CAS post tends to create a chain of employment, thus partly solving the joblessness crisis among Kenyans.

This would be over and above the essence of the CASs in playing the principal assistants to their respective Cabinet Secretaries, thus helping the latter deliver on the essential government agenda.

"In fairness of the country and delivery of services and ensuring the Minsitries function in the right way, you need a deputy who has a clear role," she said.

"If the CAS get salaries they will pay taxes, in fact, we are creating more base of tax to go back to the government because they will employ others," she added.

Elachi was speaking to K24 TV on Thursday, December 7.

The netizens wondered how it would be logical to inflate the public sector wage bill with the intent of widening the tax bracket, yet the salaries are sourced from the same.

See some of the reactions below;

@Haaland_sholla:

"As if taxes are more than salaries."

@Mawe Collins:

"So we will tax more than the salaries."

@bhattkisha:

"Their salaries come from where? Ruto's pocket or from the same taxes?"

@Kev Man:

"Very distorted reasoning. If the government avoids paying their salaries, it avoids 100% of their salary rather than getting 35% back. If you want to increase employment, do it by making a better business environment."

Meanwhile, a bill Seeking to revive the position is slated for deliberation in the National Assembly after its tabling.

A host of amendments have, however, been introduced to the bill.

Court slams brakes on Ruto's CAS appointment

In July this year, the High Court in Nairobi revoked the appointment of 50 chief administrative secretaries, terming it illegal.

The appointments by President William Ruto had been challenged by the Law Society of Kenya and other interest groups at the Employment and Labour Relations court.

The president proceeded to administer the oath of office to the appointees, most of whom were his political loyalists and electoral rejects, after the National Assembly declined to vet them, claiming it lacked the legal authority to do so.

Later, the High Court issued orders preventing the CASs from taking office while a petition contesting their appointment procedure was heard and decided.

The court also prohibited the appointees from receiving a salary, remuneration, or any other benefit until the resolution of the case brought by the Law Society of Kenya (LSK) and Katiba Institute, according to the ruling by Justice Hedwig Ong'udi.

23 CASs and not 50

Judges Aleem Visram, Hedwig Ong'udi and Kanyi Kimondo ruled that there was a degree of reasonable public participation in the recruitment of 23 CASs.

Still, there was no public involvement in the constitution of the 27 additional officeholders.

They ruled that even though the Court of Appeal had preserved the original office established by former president Uhuru Kenyatta in January 2018, the newly established office and its complement of 23 custodians could no longer take advantage of that suspension after the Public Service Commission abolished it.

"Accordingly, the newly created office and fresh complement of 50 had to comply with the constitution and the criteria set out earlier in Okiya Omtatah's case in order to be lawfully established. They did not comply," they said.

Even though the ruling said the president has the right to create positions in the government, he is expected to follow the laws of the land.

"We also find that whereas the president can establish a state office within the ranks of public service, it requires approval by the national assembly. Such approval may be achieved by the enactment of a statute which provides for the same and further provide for the framework on the numbers of CASs if necessary. We are not satisfied that the newly created CAS meets constitutional thresholds," they said.