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OKIYA OMTATAH: Ruto has violated constitution in Cabinet picks

President's broad-based government is unconstitutional, null and void

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by JULIUS OTIENO

News25 July 2024 - 01:48
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In Summary


  • The second batch of Cabinet Secretary nominees that includes MPs from the opposition party, ODM, is insensitive to the economic time we are in.
  • It automatically occasions by-elections. It is unnecessary and a waste of resources.
Busia Senator Okiya Omtatah.

I’m saddened especially by the inclusion of Members of Parliament from the opposition party and leaders in that Cabinet list.

That for me says that the President has decided that he will govern this country without the constitution that he swore to protect, defend and promote.

I would like to refer the country to Article 129 (1)(2) of the constitution, which states categorically that Executive authority is derived from the people of Kenya.

So, I’m saddened that the second batch of Cabinet Secretary nominees that includes MPs from the opposition party, ODM, is insensitive to the economic time we are in.

It automatically occasions by-elections. It is unnecessary and a waste of resources.

Two, Article 4 (1) defines Kenya as a multiparty democracy. Under the Elections Act, our democracy allows for the formation of coalitions which act as a political party.

Kenya is a multiparty democracy.

There must be a procedure to be followed before elections and after elections that underpin the democratic character of the Republic of Kenya.

When President Ruto came into office, he began by buying off political party members and enticed them across the divide irrespective of the treaties that were in place and the agreements.

And irrespective of the fact that the people of Kenya, while voting, expressed themselves categorically that they were electing these people based on the manifestos sold to them.

Under the principle of Kenya as a multiparty democracy, it is not possible for an individual MP to just cross the floor after an election.

That particular provision also does not give the President the power to form what he is calling a broad-based government.

To set up a broad-based government is to violate Article 3 (2), which says that any government established contrary to the constitution is null and void.

And so, the President by deciding to form a government contrary to the principles of the constitution has acted in a manner that is null and void.

He has declared that he is going to govern this country without following the constitution. It shows that he has decided to put forward his political interests above the constitution.

Busia Senator spoke to journalists

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