“Part 1—Principles and Structure of the National Executive 129. (1) Executive authority derives from the people of Kenya and shall be exercised in accordance with this Constitution. (2) Executive authority shall be exercised in a manner compatible with the principle of service to the people of Kenya, and for their well being and benefit. 130. (1) The national executive of the Republic comprises the President, the Deputy President and the rest of the Cabinet. (2) The composition of the national executive shall reflect the regional and ethnic diversity of the people of Kenya” (Kenya Constitution 2010).
It is weird, I am not supposed to do this but I have, I have to tarnish the State House spokesperson Manoah Episisu again. I wished he still worked for the Kenya Defense Force (KDF), then he spoke about missiles and Somali pirates, it is bit more technical and legislation, apparently, when speaking out the chambers of the head of state. Still, the man has the capacity to not think of the words he saying. He is not Sean Spicer, but the brightest goblin walking the streets, he is not. So, if I was President Kenyatta, I would consider to appoint another brother or someone with more flair. Because this attack from the State House towards the National Super Alliance (NASA) is just pure nonsense. Take a look!
“Decisions taken and announced at polling centres, as you saw, were allowed to stand. While on the political front, let me comment briefly on stories that have been doing the rounds, peddled by opposition figures – and may I say that these stories are peddled by people who should know better – that somehow they will enact constitutional changes within 90 days of taking office to create three jobs. Making constitutional changes that require a referendum will simply not take three months. It will take years. And considering how citizens have rejected MPs and Governors that they don’t believe have used their resources prudently, they are unlikely ever to agree to spend billions of shillings to create jobs for the three men promised phantom ones. You know, people have agreed to take Jobs that don’t exist … so, one of the opposition leaders was saying in a media interview that the first job for the team will be to use billions of shillings to change the constitution so the three phantom jobs can be legitimised” (State House Kenya, – MBS Manoah Esipisu, 30.04.2017).
What he is discussing the NASA deal between the NASA flagbearer’s who made a coalition to overrun the re-election of the Jubilee Alliance Party and the ruling regime. This coalition agreement between the NASA is put in this way: Raila Odinga as the President, Stephen Kalonzo Musyoka as the Deputy President. Under them is Musalia Mudavadi as Premier Cabinet Secretary, as well as Moses Wetan’gula as Deputy Premier Cabinet Secretary and Isaac Rutto as Deputy Premier Cabinet Secretary. Therefore because of the roles as Premier Cabinet Secretary and two Deputy Cabinet Secretaries, that the spokesperson of the State House claims is breaking the law. Let’s look a bit more into the constitution:
“152. (1) The Cabinet consists of—
(a) the President;
(b) the Deputy President;
(c) the Attorney-General; and
(d) not fewer than fourteen and not more than twenty-two
Cabinet Secretaries” (Kenya Constitution, 2010).
So if the ones under neath the President and Deputy President in a NASA coalition cabinet, with the agreed secretaries already, they can either hire 11 more cabinet secretaries or 19 for that matter. I don’t know what the State House Spokesperson read or understood the legality, but the law is clear and the NASA coalition is not breaking the law. They are making a new understanding of the cabinet, but not in a way that counter the ability to appoint them in this way or in other if they wanting to.
So the Constitution also states this also from section 152:
“(2) The President shall nominate and, with the approval of the
National Assembly, appoint Cabinet Secretaries.
(3) A Cabinet Secretary shall not be a Member of Parliament” (Kenya Constitution 2010).
So if, the spokesperson had known the constitution, he would know that Raila Odinga, if winning the coming election in August 2017. Than he could appoint his fellow coalition leaders into the cabinet. So they could become Cabinet Secretaries, as they are in the way of the leadership of the NASA. Therefore, by that reasoning alone it is not a violation.
Secondly, Jubilee and the President Uhuru Kenyatta said:
“While they are lying to each other about Prime Minister and Deputy Prime Minister’s positions which is not in the Constitution, we in the Jubilee Party are committed to entrenching democracy to develop the country,” (PSCU, 2017).
I hate to repeat, but the man who is running the nation and the Republic of Kenya for near end of a Presidential Term, should have the capacity to understand the ones underneath the Deputy President are appointed as Cabinet Secretaries. So they are part of the 14 appointed cabinet secretaries or even up to 22. So the man who has appointed his share of Cabinet Secretaries and ruled the Nation should know this part of the Constitution. Apparently, he is himself misunderstanding the law. To make sure the coalition looks foolish and himself trying to look wise. Instead he looks ignorant of the laws that guides his government.
Time for both the President and the State House Spokesperson to study their constitution before teaching the NASA Coalition on their Flagbearer’s, the President and Deputy President; also their Premier Cabinet Secretary and Deputy Premier Cabinet Secretaries. Time to man up and read the Constitution and they might know the parts before August 2017 and not just misuse it during the campaigns. Peace.
Kenya Constitution 2010
PSCU – ‘President Kenyatta dismisses NASA line-up as ‘jobs for the boys’ (27.04.2017) link: https://www.capitalfm.co.ke/news/2017/04/president-kenyatta-dismisses-nasa-line-jobs-boys/