- The National assembly appointments committee then vets the nominated individuals.
- If the committee approves, the individuals are then appointed by the President and are then sworn in as Cabinet Secretaries.
Image: PCS
President William Ruto on Thursday dissolved his cabinet in its entirety retaining the Prime Cabinet Secretary and the Deputy President.
"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.
What is the role of the Cabinet?
The Cabinet's role is to advise the President on any subject he or she may require relating to the duties of each member's respective office.
How and why can a Cabinet Secretary be dismissed?
It is assumed that the President is free to sack or move CSs.
According to Chapter Nine, Part 3, subsection 5 (a-d) of the Constitution of Kenya 2010, the President may dismiss a CS on the grounds of a gross violation of a provision of this Constitution or any other law or where there are serious reasons for believing that the Cabinet Secretary has primarily engaged in gross misconduct, committed a crime under national or international law.
How cabinet secretaries are appointed into office
In accordance with Chapter Nine, part 3, subsection 2- 4(b) of the Constitution, the president is the one who nominates individuals to the Cabinet.
Politically the President must consult his Deputy, with whose support he is in office.
The Constitution also requires that the regional and ethnic diversity of the people be reflected in the Executive.
The Head of State must not discriminate in his choice because of any personal characteristic.
It is also vital that the President evaluates the political acceptability of the nominated CS.
He must also not forget the principle that not more than two-thirds of the members of elective or appointive seats should be of the same gender.
Following appointment by the President, the names of those nominated are presented to the National Assembly by the Speaker.
The National Assembly Appointments Committee then vets the nominated individuals.
The law regulating parliamentary approval requires the committee to consider a candidate’s academic credentials, professional training and experience, personal integrity and background.
The committee then tries to relate the candidate’s experience to the Ministry concerned.
This process is introduced because CSs are not from Parliament and it should ease relations with Parliament.
If the committee approves the candidate, they are then appointed by the President and are then sworn in as Cabinet secretaries.
Each person appointed as a Cabinet Secretary assumes office by swearing or affirming faithfulness to the people and the republic and obedience to this Constitution.
Nonetheless, a CS is at will to resign by delivering a written statement of resignation to the President.