President William Ruto‘s recent dismissal of the Cabinet amid widespread protests has sparked a legal debate about the reappointment of fired Cabinet Secretaries (CSs).
Prominent lawyers Nelson Havi and Ahmednasir Abdullahi have weighed in, arguing that the constitution prohibits such reappointments.
Nelson Havi, the 49th President of the Law Society of Kenya, praised the president’s decision, asserting that the dismissed CSs are permanently barred from holding any public office.
“The dismissal from office of the Cabinet Secretaries means that they are ineligible to hold any public office forever: appointive or elective. They are in the same category as impeached Governors or Judges found unsuitable to serve. That is the law,” Havi stated.
Havi to Ruto Cabinet Secretaries Reappointment
Havi’s interpretation hinges on the constitutional implications of the term “dismissed.”
He argues that once a CS is dismissed for failing to meet the constitutional standards of conduct or performance, they cannot be considered for reappointment.
This interpretation places dismissed CSs alongside other public officials who have been permanently disqualified from office due to serious misconduct.
Ahmednasir Abdullahi, Senior Counsel, echoed Havi’s sentiments, emphasizing that the constitutional threshold for dismissal is high and cannot be easily overlooked.
Also Read: ODM Breaks Silence Over Attack of Journalists by Goons
“Nelson Havi’s interpretation of the word ‘dismissed’ needs serious reflection and judicious deliberation. It is both a constitutional term and a constitutional threshold,” Abdullahi said.
Ahmednasir Abdullahi on CSs Reappointment
Abdullahi explained that President Ruto, in dismissing his cabinet, had determined that their conduct or performance met the constitutional criteria for dismissal.
“Having satisfied himself on the attainment of the constitutional threshold, he dismissed them. Havi is of the further opinion that having been so dismissed, they can’t be reappointed two weeks later. That is a very bold and brave submission, and I’m afraid Havi states the law correctly,” Ahmednasir wrote.
The lawyer further noted that reappointing any dismissed CS would plunge the president into a new political crisis and a constitutional dilemma.
“That grave constitutional omission or commission hasn’t been erased or addressed in the past week… and can’t be addressed in the future. Reappointing any dismissed CS will engulf President Ruto in a fresh political crisis and unparalleled constitutional imbroglio,” Abdullahi further warned.
Constitution on Cabinet Secretaries
The Kenyan Constitution provides clear guidelines on the removal of public officials.
Also Read: Govt Warns Media Houses Over Anti-Ruto Protests Reporting
According to Article 152(6), a Cabinet Secretary may be dismissed by the President on grounds of incompetence, gross misconduct, or violation of the Constitution.
“The President shall nominate and, with the approval of the National Assembly, appoint Cabinet Secretaries,” the constitution states.
“The President may re-assign a Cabinet Secretary; may dismiss a Cabinet Secretary; and shall dismiss a Cabinet Secretary if required to do so by a resolution adopted under clauses (6) to (10),” the constitution reads.
This constitutional framework ensures that public office bearers maintain the highest standards of conduct and performance.
For President Ruto, the decision to dismiss the Cabinet was a move to address the unrest and protests gripping the country.
However, the legal discourse that has followed serves as a reminder of the far-reaching implications of such decisions under the Kenyan Constitution.
Follow our WhatsApp Channel for real-time news updates!
https://whatsapp.com/channel/0029VaB3k54HltYFiQ1f2i2C
