Lawyers divided over fate of dismissed CSs

"None of the CSs has been impugned as to prevent the president from reappointing them."

In Summary
  • Havi claimed the former CSs are in the same category as impeached Governors or Judges found unsuitable to serve.
  • Ahmednasir Abdullahi argued that "dismissed" is both a constitutional term and a constitutional threshold.
President William Ruto chairs a Cabinet meeting at State House, Nairobi, on July 4, 2024.
President William Ruto chairs a Cabinet meeting at State House, Nairobi, on July 4, 2024.
Image: PCS

Foreign Affairs Principal Secretary Korir Sing’oei has differed with former law society of Kenya President Nelson Havi over the fate of cabinet secretaries recently dismissed from office.

According to Havi, the dismissal of the cabinet members as contained in a Gazette Notice issued Wednesday now seals the fate of their being reappointed.

He argued that all the former cabinet secretaries would no longer be eligible to hold any public office.

“Well done again, Mr President. The dismissal from office of the Cabinet Secretaries means that they are ineligible to hold any public office forever: appointive or elective,” he wrote.

“They are in the same category as impeached Governors or Judges found unsuitable to serve. That is the law,” he added.

However, in a quick rejoinder, Sing’oei who is also a lawyer clarified that none of those CSs has been impugned to prevent the president from reappointing them.

“Difficult to accept your interpretation President Havi. The circumstances under which the "class" was "dismissed" are canvassed in the preamble to the Gazette Notice,” he said.

This, as he insisted that the political cost of any reappointment is insignificant.

“A calculus I am certain the president is conscious of,” he stated.

Adding his voice to it, lawyer Ahmednasir Abdullahi on his part sided with Havi noting "dismissed" is both a constitutional term and a constitutional threshold.

He pointed out that in dismissing his cabinet, Ruto was satisfied that their conduct, performance in office or omissions rose to a constitutional level or threshold that warranted their dismissal.

“President Ruto can't reappoint any member of the cabinet because their dismissal under the constitution implied a grave omission or commission,” he said.

“Reappointing any dismissed CS will engulf President Ruto in afresh political crisis and unparalleled constitutional imbroglio.”

Ruto dissolved the entire cabinet Thursday last week after several concerns were raised by the public against some of them.

On Wednesday, Ruto issued a Gazette Notice dismissing the 21 CSs including the Attorney General and assigned Prime Cabinet Secretary Musali Mudavadi to act in all the vacant ministerial positions.

Ruto Sunday asked for prayers as he crafts a new team to help him deliver the Kenyan dream.

He said he is looking for competent people who will help in making his Bottom-Up Economic Transformation Agenda (BETA) a reality.

“I have opened a new chapter, pray for me to get the people who will help in the transformation agenda,” Ruto said.

“Pray for me to get the right workers who will help us realise my promises to you.”

While speaking during the burial of Bishop Allan Kiuna at JCC Thindigua in Kiambu, Gachagua also called on religious leaders to pray for the president as he finds people to appoint to his Cabinet.

According to Gachagua, God has given him (President William Ruto) an opportunity to pick the right people who are not arrogant, or corrupt but who are patriotic and committed to serving the people.

“I want to ask the church and all Christians to pray for our president to pick the right people,” he stated.

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