- Speaking to the Star, the two said the Constitution assumes that the President can be without a Cabinet for a reasonable period.
- On Thursday, Ruto dissolved his Cabinet, sending home all Cabinet Secretaries and Attorney General.
Image: PCS
Soon after dismissing the entire Cabinet, questions arose as to how long President William Ruto could stay before naming a new team.
Lawyers Charles Kanjama and Kibe Mungai pointed out that the Constitution has not provided a specific period which the President can operate without a Cabinet.
Speaking to the Star, the two said the Constitution assumes that the President can be without a Cabinet for a reasonable period.
“This period can be several weeks or even a month. After he was sworn in, Ruto was without a Cabinet for weeks but you have to remember that he was operating with retired President Uhuru Kenyatta’s Cabinet Secretaries,” Kanjama said.
Mungai said he does not expect Ruto to take long before naming a new Cabinet.
“We are in the middle of a crisis. We are doing the Budget and the National Treasury Cabinet Secretary is mandated by law to play certain roles. We also cannot go for long without Interior and Defence CSs,” he explained.
Mungai wondered why the President had to dismiss the Attorney General alongside CSs.
“The AG is supposed to guide certain processes. On whose legal advice will the President say he made certain decision. There is supposed to be an AG all the time just like we must have Speakers and the President to hand over to those coming in,” he explained.
Kanjama added that Ruto will have to name a new team soon to avoid running into more problems with the public.
Cabinet Secretaries assist the President and the Deputy President in the coordination and supervision of Government Ministries and State Departments.
They oversee the implementation of National Government policies, programmes and projects.
Cabinet Secretaries are accountable individually, and collectively, to the President for the exercise of their powers and the performance of their functions.
Cabinet Secretaries appear before a committee of the National Assembly, or the Senate, when required by the committee, and answer any question concerning a matter for which they are responsible.
On Thursday, Ruto dissolved his Cabinet, sending home all Cabinet Secretaries and Attorney General.
The decision does not affect Prime Cabinet Secretary Musalia Mudavadi.
"I have decided to dismiss with immediate effect all cabinet secretaries and attorney general of the Cabinet of Kenya except the Prime Cabinet Secretary and Cabinet Secretary for Foreign Affairs," Ruto said.
"And of course, the office of the Deputy President is not affected in any way."
The president said the affairs of the Ministries will henceforth be coordinated by Principal Secretaries until a definitive cabinet is appointed.
The Head of State said the new cabinet will be named after extensive consultations across all sectors.
He added that with the CSs out of office, ministry accounting officers among other officials will now take charge of operations.
"The operations of government will continue uninterrupted under the guidance of Principal Secretaries and other relevant officials," he said.
President Ruto said he will be announcing additional measures in due course.