The National Government Administration Laws (Amendment) Bill, 2023

SPECIAL ISSUE

Kenya Gazette Supplement No.233(National Assembly Bills No.73)

REPUBLICOFKENYA

KENYA GAZETTE SUPPLEMENT

NATIONALASSEMBLYBILLS,2023

NAIROBI,24th November,2023

CONTENT

| Bill for Introduction into the National Assembly- | Bill for Introduction into the National Assembly- | |------------------------------------------------------------------|-----------------------------------------------------| | | PAGE | | The National Government Administration Laws(Amendment) Bill,2023 | 2047 |

THENATIONAL GOVERNMENT ADMINISTRATIONLAWS(AMENDMENT) BILL,

2023

A Bill for

AN ACT of Parliament to make variouamendments to statute law on national governr sht administration, and for connected purposes

ENACTED by theParliament of Kenya,as follows-

• Administration Laws (Amendment) Act,2023.
• 1.This Act may be cited as the National Government
• 2.The several laws specified in the first column of the Schedule are amended in the provisions specified in the second column thereof,in the manner specified in the third

SCHEDULE

Written law

Provision Amendment

The s.5(2) Assumption New of the Office of President Act,2012(No. 21 of 2012).

Insert the following new paragraphs immediately after paragraph(c)-

• (ca) the National Security Advisor;
• (cb) the Principal Secretary in the State Department responsible for matters

s.5(2)(r) Delete and substitute therefor the following new paragraph:

• relating to defence.
• (r)six persons nominated by
• the President-elect.

Insert the following new definitions in their proper alphabetical sequence-

• column.

The National s.2 Security Council Act, 2012 (No.23

of2012).

Short title.

Amendment of written laws.

"Committee" means the National Security Council Committee established by section 5;

"National Security Advisor the National Security

means Advisor appointed under section 7.

• s.5 Delete and substitute therefor

the followingnew section-

Committees of 5.(1)Thereis the Council. established a committee of the Council which shall be known as the National Security Council Committee.

• (2)The Committee shall consist of-
• (a) the Head of the PublicService, who shall be the Chairperson;
• (b) the Chief of the Kenya Defence
• Forces;
• (c)the DirectorGeneral of the National Intelligence Service;
• (d) the InspectorGeneral of the NationalPolice Service;
• (e) the
• SolicitorGeneral;
• (f)Principal Secretary in the

• State Department

responsiblefor matters relating to Defence;

• (g)the Principal Secretary in the State Department responsible for matters relating to internal security;
• (h)the Principal mattersrelating
• Secretary in the State Department responsiblefor to foreign affairs;
• (i) the Principal Secretary to the
• National Treasury;and
• any other persons whose knowledge and skills are considered necessary for the functions of the Committee as authorized by the National Security Council.
• (3) The Secretary of theNational Security Councilshall bethe secretary to
• the Committee.
• (4)TheCommittee
• shall-

• (a)recommend to the Council policies, programmes and activities in respect of the national security interests of Kenya in internal affairs, foreign relations and national defence;
• (b) oversee the implementation ofthedecisions of the Council;
• (c) be responsible for the day-today COordination of national security matters;
• (d)monitor and give advarce warning on national security matters;
• (e)monitor and give advance warning on threats to Kenya's national interests;
• commission or prepare reports and briefings in respect ofthe national security interests of Kenya;and
• (g)perform such other functions

• S.7

as may be conferred onit by the Council

• (5) The Council may establish any other committees of the Council as it may consider necessary for the effective discharge of its functions under the Constitution,this Act or any other written law.
• (6) The Council may co-opt into the committees established under subsection(1) other personswhose presence,participation, knowledge or skills are necessary for the proper performance of the functions of the Council.

3. (7)A person coopted under subsection (6)may attend the meetings of the committee and participate in the deliberations but shall have no right to vote at the meeting

Delete and substitute therefor

the following new section-

7.(1).Thereis Advisor.

• established the office of the National Security Advisor,which shall be an office in the public

National Security service.

The Office of s.28

the AttorneyGeneral Act, 2012 (No.49 of2012).

The National s.2 Government Co-ordination Act,2013(No. 1 of2013).

New

• (2) ThePresident shall nominate the National Security Advisor uo the recommendation of the Public Service Commission.
• (3) The National Security Advisor shall President with

3. beappointedbythe the approval of the National Assembly. 4. (4)TheNational 5. Security Advisor shall be the Secretary to the Council.

Delete

Insertthe following new definitions in proper alphabetical sequence-

"Chief Administrative Secretary' means Chief Administrative Secretary appointed under section 12A:

"Head of the Public Service

means theHead of the Public Service appointed under section 8(4).

Insert thefollowing paragraph immediately paragraph (c)- new after

(ba) the Head of the Public Service.

New Insert the following new paragraph immediately after paragraph (b)-

(ca) Chief

Administrative Secretary.

• s.8 substitute therefor the following

Delete the marginal note and new marginal note

"The Executive Office of the

President"

Add thefollowing new subsections simmediately after subsection (2)-

• (3)There is established the officeoftheHead ofPublic
• Service.
• (4) The Head of the Public execution of
• Service shall support the President in facilitating the organisation and Government business.
• (5)The President shall appoint
• the Head of the Public Service.
• (6)The Head of the Public Serviceshall serveatthe President's pleasure.
• (7)The Head of the Public Service shall-
• (a) be the Chief of Staff to the
• President;
• (b) be the administrative head of the Executive Office of
• the President;
• (c) be the custodian of the Public Seal and any other instruments of State that are not in the custody of any other person;and

New

• (d)perform
• such other functions as may be assigned by the President.

Insert the following new section immediately after section 12-

• Chief 12A.(1) Thereis Administrative Secretaries. established the office of the Chief Administrative Secretary which shall be an office in the public service.
• (2) The complement of Chief of Administrative Secretaries shall be as determined bythe Public Service Commission.
• (3) The President shall, on the recommendation of the Public Service Commission pue approval of the National Assembly, appoint Chief Administrative Secretaries.
• (4)A person shall beeligiblc to be Administrative Secretary if that
• appointed as a Chief person-
• (a) has a Bachelor's degreefrom university recognized in Kenya;

• (b)has knowledge of and experience in the public service; and
• CS satisfies the requirements of Chapter Six of the Constitution.
• (5)A person is not Chief
• qualified to be appointed asa Administrative Secretary if that person-
• (a)has been convicted of an offence carrying a penalty of imprisonmentfor a term ofat least Six months without the option of a fine;
• (b)has been adjudged bankrupt by a court of competent
• jurisdiction;
• (c)holds any office ina political party;
• (d) isa member of any legislature;
• (e) is a public officer;
• (f) holds any State office; or

• (g)has been removed from any public office by impeachment orconviction by a court of competent jurisdiction.
• (6) A Chief Administrative Secretary shall be responsible for--
• (a)responding to issues relating to the portfolio assigned to the office;
• (b)liaising with Parliament;
• (c)liaising with County Governmentson matters of concurrent mandate:
• (d)providing interministerial and sectoral COordination;
• (e)representing the Cabinet Secretary at any meeting as directed by the Cabinet Secretary;and
• f performing any other duties assigned by the office by

Attorney- General or the relevant the Cabinet Secretary.

• (7) Each Chief Administrative Secretary shall be responsible to the Attorney-General or the respective Cabinet Secretary in the performance of his or her duties.

2. (8)Theofficeof shall bea 3. Chief Administrative Secretary State office.

MEMORANDUM OF OBJECTSAND REASONS

The National Government Administration Laws (Amendment) Bill,

2023,seeks to make various amendments to the Assumption of the Office of President Act,2012;the National Security Council Act,2012;the Office of the Attorney-General Act,2012,and the National Government Co-ordination Act,2013.

The Bill contains amendments to the following statutes-

The Assumption of Office of the President Act,2012 No.21 of 2012)

This Bill aims to amend the Assumption of the Office of President Act with the objective of strengthening the composition of the Assumption of the Office of the President Committee by incorporating the Secretary to the National Security Council and the principal secretary responsible for Defence as additional members of the Committee.

Additionally, the Bill also seeks to enhance the representation of the President-elect in the Committee by increasing the number of representatives of the President-elect from three to six.

TheNational Security Council Act,2012 (No.23 of 2012)

The Bill proposes to amend the National Security Council Act,2012, to provide for the appointment of the National Security Advisor,to designate the National Security Advisor as the Secretary to the National Security Council, to prescribe the functions of the National Security Advisor,to establish the National Security Council Committee,and to prescribe the functions of the National Security Council Committee.

The Office of the Attorney-General Act,2012 (No.49 of 2012)

The Bill proposes to amend the Office of the Attorney-General Act, 2012,to remove the Attorney-General as the custodian of the public seal.

The National Government Co-ordination Act,2013 (No. 1 of

2013)

The Bill proposes to amend the National Government Co-ordination

Act,2013,to provide for the establishment and functions of the Head of the Public Service and offices of Chief Administrative Secretary.

Statement on the delegation of legislative powers and limitation of

fundamental rights and freedoms

The Bill does not delegate legislative powers,and does not limit

fundamental rights and freedoms.

Statement on whether the Bill concerns county governments

The Bill does not affect the functions and powers of county governments,and is not a Bill concerning counties for purposes of the Standing Orders.

Statement on the financial implications of the Bill

The enactment of this Bill shall occasion additional expenditure of public funds.

Dated the24th November,2023

KIMANIICHUNG'WAH,

Leader of the Majority Party.

Section5 of No.21 of2012which it isproposed to amend-

• 5.(1) There is established a committee to be known as
• the Assumption of the Office of President Committee.
• (2) The Committee shall be an ad hoc committee and shall consist of-
• (a) the Secreiary to the Cabinet who shall be the chairperson;
• (b) the Attorney-General;
• (c) the Cabinet Secretary of the Ministry responsible for matters relating to the registration of persons and immigration;
• (d) the Principal Secretary in the Ministry responsible formatters relating to internal security;
• (e) the Principal Secretary in the Ministry responsible for matters relating to finance;
• (f) the Principal Secretary in the Ministry responsible for matters relating to foreign affairs;
• (g) the Principal Secretary in the Ministry responsible for matters relatingto information and
• communication;
• (h) the Principal Secretary in the Ministry for the time being responsible matters relating to constitutional affairs:
• (i) the Principal Secretary in the Ministry responsible formattersrelating to the Cabinet Office;
• G) the Principal Secretary in the Ministry responsible for matters relating to local government;
• (k) the Principal Secretary in the Ministry responsibie formattersrelating to culture and social services;
• (l) the Chief of the Kenya Defence Forces;
• (m)the Director-General of the National Intelligence Service;
• (n) the Inspector-General of the National Police Service;

Establishment of the Assumption of the Officeof President Committee.

• (o) the person in charge of the administration oh affairs of State House;
• (p) the Clerk of the National Assembly;
• (q) the Chief Registrar of the Judiciary;
• (r) three persons nominated by the President-elect;
• (s) the Clerk of the Senate;and
• (t) the Secretary to the Intergovernmental Relations Secretariat,appointed under the law relating to intergovernmental relations.
• (3) For the purposes of the assumption of office of the President elected during the first general elections under the Constitution,the members of the Committee referred to under paragraphs (s) and (t) shall not constitute the membership of the Committee.
• (4) The chairperson of the Committee shall convene Committeeuponthe thefirstmeetingofthe commencement of this Act.
• (5) The Principal Secretary in the Ministry responsible for matters relating to the Cabinet Office shall be the secretary to the Committee.
• (6) A vacancy in the membership of the Committee shall not affect the decisions of the Committee.
• (7) The quorum for the conduct of the business at a meeting of the Committee shall be two thirds of all the members of the Committee.

Section 2of No.23of2012which it isproposed to amend-

2.In this Act,unless the context otherwise requires-

"Cabinet Secretary"means the Cabinet Secretary for the time being responsible for matters relating to internal security;

"classified information"has the meaning assigned to it under section 14(2);

"Council"means the National Security Council

established by Article 240 (1) of the Constitution;

"national security"has the meaning assigned to it under Article 238(1) of the Constitution;

Interpretation.

"national security organs"means the Kenya Defence Forces,the National Intelligence Service and the National Police Service established by Articles241,242.and 243 of the Constitution respectively;

"public officer"has the meaning assigned to it under Article 260 of the Constitution;

"Republic" has the meaning assigned to it under Article 260 of the Constitution;

"Secretariat" means the Joint Security Secretariat

established under section 9;

means the secretary to the Council appointed by the Council under Article 240(5) of the

"secretary" Constitution and in accordance with section 7;

"State officer" has the meaning assigned to it under Article 260 of the Constitution.

Section5 of No.23 of2012which it isproposed to amend

• 5.(1) The Council may,from time to time,establish such committees of the Council as it may consider necessary for the effective discharge of its functions under the Constitution, this Act or any other written law.
• (2) The Council may co-opt into the committees established under subsection (l) other persons whose presence,participation,knowledge or skills are necessary
• (3) A person co-opted under subsection (2) may attend the meetings of the committee and participate in the
• for the proper performance of the functions of the Council.
• deliberations but shall have no right to vote at the meeting.

Section7 of No.23 of 2012which it isproposed to amend-

• 7.Until the Council appoints its secretary,the Secretary to the Cabinet shall be the secretary to the
• Council.

Section 28 of No.49 of 2012 which it is proposed to delete-

• public seal of the Republic of Kenya.
• 28.The Attorney-General shall have custody of the The public seal.

Section 2 of No. 1 of 2013 which it is proposed to amend-

• 2.(l) In this Act,unless the context otherwise Interpretation. requires-

Committees of the Council.

Secretary to the Council.

"Cabinet Secretary" means the Cabinet Secretary responsible for matters relating to the co-ordination of national government functions;

"county"means any one of the counties into which the territory of Kenya is divided as specified in the First Schedule to the Constitution;

national government administrative officer"means an

officer recruited and appointed as such under section 15;

"national government function"means a function

assigned by the Constitution,this Act or any other law to the executive arm of government;

"Principal Secretary"means a Principal Secretary appointed underArticle 155 of the Constitution.

• (2) Despite subsection (1),until after the first general elections under the Constitution,references in this Act to the expression "Cabinet Secretary"shall be construed to

2. mean"Minister"

Section 8 of No.1 of 2013which it is proposed to amend-

• 8.(1)PursuanttoArticle132(3)(b)ofthe
• Constitution,the President shall be responsible for the coordination of functions of Ministries,State and government departments.
• (2)For purposesofco-ordination ofnational government functions under the Constitution,this Act or any other written law,the Office of the President shall have such number of National Government Administrative Officers as shall be necessary for the effective and efficient
• co-ordination of national government functions.

The Office of the President.