Constitution of Kenya explained
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Governments of the Republic of Kenya
Contents |
Introduction |
1. Genesis |
In this sections of governments, we will endeavour to show that organised and structured governments existed amongst the Kenyan communities. |
Kenyatta's Government (1963-1978)
|
We will then discuss the governments that the colonialists introduced into the country. The centralised all-powerful independence governments of Kenyatta and Moi and the ruling party KANU are examined further, before the narrative of Kibaki's coalition government of 2007-2013. |
2. Government Under the New Constitution:
|
Director of Public Prosecutions Advisory Committee on the Powers of Mercy
The Constitution of Kenya 2010, promises significant changes in government. In fact, it appears to create four arms of government, to include powerful and independent commissions and offices. Traditional organs such as the Police and the Public Prosecution offices will have far-reaching powers to enhance democracy and the rule of law. It is expected that a restructured Provincial Administration will co-ordinate government functions in the Counties. County governments will form the second level of government under the devolved system of government under the New Constitution. |
Introduction
Mankind has had a governing structure since the beginning of time. This structure has existed in different forms amongst different peoples at different times. For some, government and religion were inseparable twins to drive and advance community interests, and yet for others it was a well defined organ of their civilization and was the main driver of their aspirations. For most, if not all peoples, the reigns of government and power had well-defined succession systems via dynasties, age and experience, military fame, etc. In the last three hundred years, the spread of Protestant Christianity and other events led to the replacement of dynasties with democracies and the shape and form of government changed completely to what is now practiced the world over. Notable events that precluded this inflections of government include the American and French Revolutions, and the Puritan revolution before that.
Expansionist wars of yesteryears are no longer fought in the same form today. Rather, contemporary communities and countries engage in wars of a different form but same objectives i.e., to expand their influence, advantage and wealth. Simply put, economic wars constitute today's twin agendas of diplomacy and hostilities. Some of these wars are fought on industrial, trade, and market fronts, while others are played out in ideology and cultural dominance. It is for this reason that foreign policy is today one of the most important department of any government of the world.
Government in Kenya has undergone a complete metamorphosis from precolonial governments among different language groups, to the repressive capitalist rule by coersion by the colonialists, to post-independence government of the early sixties in the last century through the dictatorships of the 1970s to late 1990s, to the present day. And even now, government and democracy is still undergoing significant change in our country. The links in the table above point to discussions on this evolution of government enabling the reader to make the connection between what was and could have been, and what is and can be.
References:
1. Wikipedia.
2. Various online references.
3. Constitution of Kenya 2010. National Council for Law Reporting. The Attorney General.
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Government Under the New Constitution
Open. Accountable. Responsible
Contents |
|
A. The Executive, the PA, and Security Organs |
B. Commissions and Independent Offices
|
Introduction
The New Constitution of 2010 is clear on who now owns executive power in Kenya. It is the people of Kenya. This declaration alone is a source of great optimism and assurance for all Kenyans and more so for the previously marginalised classes. The declaration has given rise to new institutions, functions and processes that will exercise this executive power on behalf of the people. At the heart of these changes is devolution of power from the center. This power is to be shared between a lean Cabinet, Commissions, Independent Offices and County Governments. The case for devolution to the Counties is really a triple devolution of political, fiscal, and administrative powers. This particular decentralization is covered in more detail under the Counties link.
Authority
The New Constitution provides for Executive Authority as belonging to the people of Kenya. The people have then delegated this authority to the government to exercise it on their behalf in a manner that guarantees their rights, equality, freedom, peace, security, democracy, social justice and the rule of law. The people have exercised their sovereign and inalienable right to determine the form of governance in their country. Consequently, government draws its authority from this very fact.
System
The top Executive Authority in Kenya has been entrusted to the Cabinet in accordance with the New Constitution. The Cabinet will exercise this authority directly, or by the occasional transfer or delegation, to a county government, a restructured Provincial Administration, and through Commissions, Independent State Organs and various Public Funds. Indeed, the County governments will enjoy reasonable autonomy and authority as provided by the Constitution of Kenya 2010. Fiscal devolution to County Revenue Funds has also assured that the people of the Counties will participate in the exercise of governance.
Composition
The Cabinet consists of the President and Deputy President who will be elected together, the Attorney-General, the Secretary to the Cabinet and Cabinet Secretaries who will number between 14 and 22. Each State department will be headed by a Principal Secretary. The Provincial Administration is expected to be remoulded to conform to the new thinking under the New Constitution. Commissions and Independent Offices will be expected to protect the sovereignty of the people. The National Security Council will be the peoples' (civilian) administrative body over the National Security Organs.
Click any of the links in the table above for more details on the key structures and offices of government under the New Constitution.
References:
1. Constitution of Kenya, 2010. National Council for Law Reporting. The Attorney General
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Cabinet under the New Constitution
Open. Accountable. Responsible
Contents |
Introduction |
Authority |
The Constitution of Kenya 2010 provides for delegated Executive Authority from the people to a lean Cabinet, and not to the person of the President. |
Roles and Functions |
The Cabinet exercises national executive authority by setting out policy and direction with a view to implementing the law. |
Structure and Composition |
The Cabinet consists of the President and Deputy President who are elected together, the Attorney-General, the Secretary to the Cabinet and Cabinet Secretaries who will number between 14 and 22. Each State department will be headed by a Principal Secretary. |
Introduction
The Constitution of Kenya 2010 is clear on who now owns executive power in Kenya. It is the people of Kenya. This declaration alone is a source of great optimism and assurance for all Kenyans and more so for the previously marginalised classes.
The declaration has given rise to new institutions, functions and processes that will exercise this executive power on behalf of the people. This power is to be shared between a lean Cabinet, Commissions, Independent Offices and County (devolved) Governments.
Authority
As mentioned in the above introduction, executive authority and power in Kenya belongs to the people. They expect the exercise of this authority to be predictable and coherent because it will follow only one manual - the Constitution. Excerpts from Chapter 9 - The Executive, Part 1 - Principals and Structure of the National Executive, Article 129:
129. (1) Executive authority derives from the people of Kenya and shall be exercised in accordance with this Constitution.
The people's executive authority is nationally entrusted to the Cabinet whose head, the President, becomes the head of state and government, the security forces and the National Security Council, NSC.
131. (1) The President— (a) is the Head of State and Government; (b) exercises the executive authority of the Republic, with the assistance of the Deputy President and Cabinet Secretaries; (c) is the Commander-in-Chief of the Kenya Defence Forces; (d) is the chairperson of the National Security Council; .......
The exercise of this authority must be open and be seen to benefit everyone; and at no time appear to favour any one person or group:
129. (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.
To this end and in order to maintain neutrality and prevent conflicts of interest, the President, unlike before, is prohibited from holding any other public office. Excerpts from Article 131:
131. (3) The President shall not hold any other State or public office.
The new Constitution further prevents the President from disowning any orders issued by them especially when things haven't gone according to plan; Article 135:
135. A decision of the President in the performance of any function of the President under this Constitution shall be in writing and shall bear the seal and signature of the President.
On the 2nd of April 2015, after a terror attack at Garissa University College in which more 147 students lost their lives, the country was placed in earnest expectation over whether the President would confirm in writing, seal, and signature, an executive order he gave to the Inspector General of Police to prepare to receive some 10,000 trainees whose recruitment by the National Police Service Commission in October 2014 had been subsequently nullified by the High Court on the 31st October 2014.
Said the President, "I further direct the Inspector-General of Police to take urgent steps and ensure that the 10,000 recruits, whose enrolment is pending, promptly report for training at the Kenya Police College, Kiganjo."
“I take full responsibility for this directive. We have suffered unnecessarily due to shortage of security personnel. Kenya badly needs additional officers, and I will not keep the nation waiting.”
Although he did not provide the requisite written and signed order from the President to that effect, nonetheless, the Inspector General of Police immediately went ahead to ask the recruits to report on the 12th April for training. Meanwhile, the Commission issued its own invitation for a fresh recruitment exercise to be conducted on the 20th of April countrywide. Thus the President's order that was in contravention of a judicial ruling had no outcome.
Similarly, a decision made by the Cabinet as a singular body, must be in writing. Chapter 9 - The Executive, Part 3 - The Cabinet:.
153. (1) A decision by the Cabinet shall be in writing.
The top leadership is thus expected to take responsibility for its own errors, mistakes and/or mischief, including those committed by junior officers. Previously, the junior officer would be made the scapegoat and transferred, or removed and the whole matter swept under the carpet.
In the principal of checks and balances, executive authority vested on the members of the cabinet remains subject to the oversight role of Parliament. Chapter 8 - The Legislature, Part 5 - Parliament's General Procedures and Rules:
125. (1) Either House of Parliament, and any of its committees, has power to summon any person to appear before it for the purpose of giving evidence or providing information.
Roles and Functions
Further to the brief in Clause 131. 1 (b) in the previous page on the Authority of the President as head of the Cabinet, s/he is required to perform the following administrative roles:
132. (3) The President shall— (a) chair Cabinet meetings; (b) direct and co-ordinate the functions of ministries and government departments; and (c) by a decision published in the Gazette, assign responsibility for the implementation and administration of any Act of Parliament to a Cabinet Secretary, to the extent not inconsistent with any Act of Parliament.
(4) The President may— (a) perform any other executive function provided for in this Constitution or in national legislation and, except as otherwise provided for in this Constitution, may establish an office in the public service in accordance with the recommendation of the Public Service Commission; (b) receive foreign diplomatic and consular representatives; (c) confer honours in the name of the people and the Republic; .......
(5) The President shall ensure that the international obligations of the Republic are fulfilled through the actions of the relevant Cabinet Secretaries.
To give effect to these responsibilities, the National Government Coordination Act, 2013 borrows heavily from sections of Articles 131. and 132. of the Constitution.
The President, the Deputy President and the Cabinet must also work together to build and maintain national harmony and unity. Thus the Presidency ...... (e) is a symbol of national unity (Article 131).
The President must therefore endeavour at all times to fulfill the aspirations of the people of Kenya. So on their behalf, -
(2) The President shall— (a) respect, uphold and safeguard this Constitution; (b) safeguard the sovereignty of the Republic; (c) promote and enhance the unity of the nation; (d) promote respect for the diversity of the people and communities of Kenya; and (e) ensure the protection of human rights and fundamental freedoms and the rule of law (Article 131).
The importance of this clause cannot be gainsaid. The Constitution allows the President to declare a state of emergency and war to protect the rights, freedoms, peace and unity of the people of Kenya. Excerpts from clause 4 of the same Article 132.:
132. (4) The President may- (d) subject to Article 58, declare a state of emergency; and (e) with the approval of Parliament, declare war.
Indeed, the President is the protector-in-chief of the people. To explain this, let us consider the example of an unfortunate situation where a County is experiencing serious internal upheavals that are undermining the rights and liberties of the people of that county. Article 192, Chapter 11 - Devolved Government, Part 6 - Suspension of County Governments, grants the President wide powers to restore order:
192. (1) The President may suspend a county government— (a) in an emergency arising out of internal conflict or war; or (b) in any other exceptional circumstances.
Under the Constitution, the buck stops with the President. Once each year, s/he must report to Parliament on the performance of the National Government in its various mandates - both internal and international. Excerpts from Article 132:
132. (1) The President shall— ...... (c) once every year— (i) report, in an address to the nation, on all the measures taken and the progress achieved in the realisation of the national values, referred to in Article 10; (ii) publish in the Gazette the details of the measures and progress under sub-paragraph (i); .......
This report will also inform special debate by the people's representatives i.e., Members of both Houses of Parliament, who will examine and debate it:
(1) The President shall— ...... (c) once every year— (iii) submit a report for debate to the National Assembly on the progress made in fulfilling the international obligations of the Republic.
Indeed, the fourth President of the Republic of Kenya did give his first State of the Nation address on the 27th March 2014.
At the same time, the President's Cabinet colleagues are obligated to ensure that he succeeds in his responsibilities to any and every external relationship with other nations or international bodies.
(5) The President shall ensure that the international obligations of the Republic are fulfilled through the actions of the relevant Cabinet Secretaries.
This means that, for example, it is up to the President to ensure that his Cabinet Secretary responsible for Communications has fulfilled the Country's commitment to digital TV migration by mid 2015, as agreed and as required by its membership to the International Telecommunication Union, ITU.
The State of the Nation address is thus a great step towards openness, accountability and transparency on the part of government to its people and their representatives.
Structure and Composition
Unlike in previous administrations, national executive authority is today not vested on just one person of the President; rather it is vested on an executive Cabinet with the President as the head of that Cabinet. Excerpt from Article 130 and 153:
130. (1) The national executive of the Republic comprises the President, the Deputy President and the rest of the Cabinet.
The Constitution, and in particular Article 147, has provided for a Deputy President who is more than a just a figurehead around the President, or one to serve at the whims or the pleasure of the President. Rather s/he is both an assistant as well as a deputy: in other words, an active participant in the exercise of top national executive authority. Chapter 9 - The Executive, Part 2 - The President and Deputy President:
147. (1) The Deputy President shall be the principal assistant of the President and shall deputise for the President in the execution of the President’s functions.
This is affirmed by the last two words of sub-article 147 (1), "President's functions", which clearly demonstrate that the position of Deputy President is fused to that of the President. This is again reinforced by sub-article (2) below which appears to suggest that the Deputy President cannot be assigned a role that is distinct from that being performed by the President, as the words, "....... and any other functions of the President......" imply:
(2) The Deputy President shall perform the functions conferred by this Constitution and any other functions of the President as the President may assign.
Furthermore, the minute the President steps out of the country (or is unable to perform the functions of the office), the Constitution ensures that the Deputy President automatically takes over the authority and functions of that office:
(3) Subject to Article 134, when the President is absent or is temporarily incapacitated, and during any other period that the President decides, the Deputy President shall act as the President.
On the 6th of October 2014, the particular words, "....... and during any other period that the President decides.......", of sub-article (3) above, were publicly invoked by the President when he transferred his authority to his Deputy for two days, shortly before traveling to attend the International Criminal Court ICC in the Netherlands, where he was facing criminal charges (as an individual and not in his capacity as President).
Other members of the Cabinet however, are assigned specific duties by the President. Chapter 9 - The Executive, Part 3 - The Cabinet:
153. (2) Cabinet Secretaries are accountable individually, and collectively, to the President for the exercise of their powers and the performance of their functions.
Reporting lines notwithstanding, personal responsibility on the part of every Cabinet member requires that they remain in total obedience to the Constitution at all times.
153. (4) Cabinet Secretaries shall–– (a) act in accordance with this Constitution; .......
The number of Cabinet Secretaries (previously known as Ministers) will remain lean at between 14 and 22 under the New Constitution. Chapter Nine - The Executive, Part 3 - The Cabinet, Article 152, excerpts:
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.
The National Assembly must vet the President's choices of Cabinet Secretaries and who must be chosen from outside of both the Houses of Parliament. 15 out of 16 of them were sworn in on the 15th of May 2013, with 3 more being sworn in a few weeks later for a Cabinet total of 18 Secretaries:
(2) The President shall nominate and, with the approval of the National Assembly, appoint Cabinet Secretaries.
In the past, Cabinet Ministers - they numbered 40 in the coalition government of 2008-2013 for example - and numerous Assistant Ministers, were appointed from the National Assembly, thereby blurring the line of separation of powers between the legislature and the executive. This will no longer be the case.
(3) A Cabinet Secretary shall not be a Member of Parliament.
Nonetheless, these Cabinet Secretaries are subject to the oversight role of Parliament. Chapter 8 - The Legislature, Part 5 - Parliament's General Procedures and Rules:
125. (1) Either House of Parliament, and any of its committees, has power to summon any person to appear before it for the purpose of giving evidence or providing information.
The composition of the Cabinet is made complete by Article 154 which provides for a Secretary to the Cabinet, also a Presidential nominee. Excerpts:
154. (1) There is established the office of Secretary to the Cabinet, which is an office in the public service.
While constituting his first Cabinet upon assumption of office, the 4th President of Kenya nominated the serving holder of this office to continue in office and, following his vetting and approval by the Departmental Committee on Administration and National Security and the whole House, appointed him to the Cabinet position:
(2) The Secretary to the Cabinet shall— (a) be nominated and, with the approval of the National Assembly, appointed by the President; ........
This office of Secretary to the Cabinet is the logical link in my view, between the National Government's policy-making role and that of the Provincial Administration (PA) in implementation of the same at the local administrative level. On the other hand, the top technical officer, and who will be privy to these Cabinet policies, will be known as a Principal Secretary in charge of a department of State (Ministry). Previously, these officers were known as Permanent Secretaries:
155. (1) There is established the office of Principal Secretary, which is an office in the public service.
(2) Each State department shall be under the administration of a Principal Secretary.
Table 1.1 Members of the 1st Cabinet after the General Elections of 2013 under the CoK2010 (April 2013 - November 2015).
|
Secretary |
Gender |
Principal Secretary^ |
Gender |
Responsibility/State Department |
1 |
Raychelle Omamo |
Female |
Monica Juma |
Female |
Defence |
Mutea Iringo |
Male |
||||
2 |
Judy Wakhungu |
Female |
James Lopoyetum |
Male |
Water |
Richard Lesiyampe |
Male |
Environment and Natural Resources |
|||
3 |
Charity Ngilu |
Female |
Mariam El Maawiy |
Female |
Land, Housing, and Urban Development |
4 |
Phyllis Kandie |
Female |
Mwanamaka Amani Mabruki |
Female |
E. African Community |
John Konchella |
Male |
||||
Ibrahim Mohamed |
Male |
Commerce and Tourism |
|||
5 |
Ann Waiguru |
Female |
John Konchella |
Male |
Devolution* |
Mwanamaka Amani Mabruki |
Female |
||||
Peter Magiti |
Male |
Planning* |
|||
6 |
Amina Mohamed |
Female |
Karanja Kibicho |
Male |
Foreign Affairs |
7
|
Najib Balala |
Male
|
Richard Ekai |
Male |
Mining |
Patrick Omutia |
Male |
||||
8 |
Jacob Kaimenyi |
Male |
Belio Kipsang |
Male |
Education |
Colletta Suda |
Female |
Science and Technology |
|||
9
|
Hassan Wario Arero |
Male
|
Patrick Omutia |
Male |
Sports, Culture and the Arts
|
Richard Ekai |
Male |
||||
10 |
Adan Mohammed |
Male |
Wilson Songa |
Male |
Industrialization and Enterprise Development |
11
|
James Macharia |
Male |
Fred Segor |
Male |
Health |
Khadijah Kassachom |
Female |
||||
12 |
Joseph Ole Lenku Joseph Nkaissery1 |
Male |
Mutea Iringo |
Male |
Interior* |
Monica Juma |
Female |
||||
Josephta Mukobe |
Female |
Coordination of National Government* |
|||
13 |
Davis Chirchir Henry Rotich |
Male |
Joseph Njoroge |
Male |
Energy and Petroleum |
14 |
Kambi Kazungu Raychelle Omamo |
Male |
Ali Noor Ismail |
Male |
Labour, Social Security and Services |
15 |
Fred Matiangi |
Male |
Joseph Tiampaty |
Male |
Information, Communication, and Technology |
16 |
Michael Kamau James Macharia |
Male |
Nduva Muli |
Male |
Transport Services |
John Mosonik |
Male |
Infrastructure |
|||
17 |
Henry Rotich |
Male |
Kamau Thugge |
Male |
National Treasury |
18 |
Felix Koskei Adan Mohammed |
Male |
Sicily Kariuki |
Female |
Agriculture |
Khadijah Kassachom |
Female |
Livestock |
|||
Fred Segor |
Male |
||||
Japheth Micheni Ntiba |
Male |
Fisheries |
|||
19 | Eugene Wamalwa& | Male |
James Lopoyetum |
Male |
Water Development and Irrigation& |
20 |
Githu Muigai |
Male |
|
|
Attorney General |
21 |
Francis Kimemia |
Male |
|
|
Secretary to the Cabinet** |
Total Ministries: 19, State Departments: 26
1 Joseph Nkaissery replaced Joseph Ole Lenku on the 24th of December 2014.
^An office in charge of a department under the Public Service. (Article 155. (2)).
*Under the Executive Office of the President and Deputy President.
**An office under the Public Service. (Article 154. (1)).
Click here for pictures of the team of Cabinet Secretaries as at April 2014.
Nominees to the office of Principal Secretaries were sworn in on the 27 June 2013, after vetting by relevant Committees of the National Assembly.
A reshuffle of some Principal Secretaries was done on the 14th of August 2014 as shown in the Table 1.1 above with the names of those reshuffled displayed in faint colour font.
In late March 2015, four Cabinet Secretaries and four Principal Secretaries were suspended from office after being named by the President in his State of the Nation address to the Houses of Parliament to which he attached a report from the EACC that fingered the Secretaries as being under investigations for corruption. Their positions were taken up by their colleagues (albeit in an acting capacity) whose names appear in Table 1.1 above as shown in Italicised font.
&On the 9th of July 2015, Eugene Wamalwa was appointed Cabinet Secretary for the newly-created Ministry of "Water Development and Irrigation". The department of Water was previously together with those of Environment and Natural Resources under Cabinet Secretary Judy Wakhungu. Immediately following the appointment though, it remained unclear whether the department of Irrigation (under Agriculture) was in-fact transferred to him.
In November 2015, the President again made changes to his cabinet composition, raising the number of Ministries to 21 and State Departments from 26 to 41, replacing suspended Secretaries with new ones with the approval of the National Assembly (subject to their vetting and endorsement by relevant Departmental Committees of the House over a two-day period), and at the same time dropping a few Principal Secretaries. He also shuffled some of them around. The fresh faces were sworn in on the 18th of December 2015 barely 24 hours later after their approval by the lawmakers. Table 1.2 below gives the new-look Cabinet:
Table 1.2 Members of the 1st Cabinet after the General Elections of 2013 under the CoK2010 (December 2015 - )
|
Secretary |
Gender |
Principal Secretary |
Gender |
Responsibility/Department |
1 |
Raychelle Omamo |
Female |
Peter Kaberia |
Male |
Defence |
2 |
Judy Wakhungu |
Female |
Margaret Mwakima |
Female |
Natural Resources |
Charles Sunkuli |
Male |
Environment |
|||
3 |
Jacob Kaimenyi |
Male |
Mariam El Maawiy |
Female |
Lands |
Aidah Munano |
Female |
Housing and Urban Development |
|||
4 |
Phyllis Kandie |
Female |
Betty Maina |
Female |
East African Integration |
Susan Mochache |
Female |
Social Security and Services |
|||
Khadijah Kassachom |
Female |
Labour |
|||
5 |
Mwangi Kiunjuri |
Male |
Mwanamaka Amani Mabruki |
Female |
Devolution |
Josepheta Mukobe |
Female |
Special Programs |
|||
Saitoti Torome |
Male |
Planning & Statistics |
|||
6 |
Amina Mohamed |
Female |
Monica Juma |
Female |
Foreign Affairs |
Nancy Karigithu |
Female |
Maritime Commerce |
|||
Chris Kiptoo |
Male |
International Trade |
|||
7 |
Daniel Kazungu |
Male |
Mohamed Ibrahim Mahmud |
Male |
Mining |
8 |
Fred Matiangi |
Male |
Belio Kipsang |
Male |
Basic Education |
Dinah Cherotich Mwinzi |
Female |
Vocational & Technical Training |
|||
Colletta Suda |
Female |
University (Higher) Education |
|||
9 |
Hassan Wario Arero |
Male |
Joe Okudo |
Male |
Culture and the Arts |
Richard Ekai |
Male |
Sports Development |
|||
10 |
Adan Mohammed |
Male |
Julius Korir |
Male |
Industrialization and Enterprise Development |
Ali Noor Ismail |
Male |
Cooperatives |
|||
11 |
Cleopa Mailu |
Male |
Nicholas Muraguri |
Male |
Health |
12 |
Joseph Nkaissery |
Male |
Karanja Kibicho |
Male |
Interior |
Micah Powon |
Male |
Correctional Services |
|||
13 |
Charles Keter |
Male |
Joseph Njoroge |
Male |
Energy |
Andrew Kamau Ng'ang'a |
Male |
Petroleum |
|||
14 |
Sicily Kariuki |
Female |
Lillian Omolo |
Female |
Public Service and Youth |
Zeinab W Hussein |
Female |
Gender Affairs |
|||
15 |
Najib Balala |
Male |
Fatuma Hersi |
Female |
Tourism |
16 |
Joe Mucheru |
Male |
Victor Kyalo |
Male |
ICT and Innovation |
Sammy Itemere |
Male |
Broadcasting and Telecommunications |
|||
17 |
James Macharia |
Male |
Wilson Irungu |
Male |
Transport Services |
Paul Mwangi |
Male |
Public Works |
|||
John Mosonik |
Male |
Infrastructure |
|||
18 |
Henry Rotich |
Male |
Kamau Thugge |
Male |
National Treasury |
19 |
Willy Bett |
Male |
Richard Lesiyampe |
Male |
Agriculture |
Andrew Tuimur |
Male |
Livestock |
|||
Japheth Micheni Ntiba |
Male |
Fisheries |
|||
20 |
Eugene Wamalwa |
Male |
Fred Sigor |
Male |
National Water Services |
Patrick Nduati Mwangi |
Male |
Irrigation |
|||
21 |
Githu Muigai |
Male |
|
|
Attorney General |
22 |
|
Male |
|
|
Secretary to the Cabinet |
Total Ministries: 19, State Departments: 41
The President explained that the expanded list of State Departments was with a view to improve efficiency, accountability and accessibility of public officials and services.
In times past, an all-powerful Presidency would use the carrot and stick strategy on Cabinet appointments to reward political support and consolidate executive power. Often times, those regions that did not give blind support to the President or to his political party would miss out on cabinet positions. Two of the nominees in Table 1.2 above, namely Daniel Kazungu - Member of the National Assembly for Malindi, and Senator Charles Keter of Kericho County, were elected in 2013 respectively under the opposition's Orange Democratic Movement and the ruling Jubilee Coalition's United Republican Party.
Going forward, Kenyans continue to expect that members of the Cabinet will under the Constitution, be nominated from all corners of the Republic beyond those regions that perhaps are strong supporters of the ruling party(ies) or coalitions or from among cronies of the ruling elite. Excerpts from Article 130:
130. (2) The composition of the national executive shall reflect the regional and ethnic diversity of the people of Kenya.
Similarly, the composition of the Cabinet must not offend the two-thirds gender rule. Chapter 4 - The Bill of Rights, Part 2 - Rights and Fundamental Freedoms:
27. (8) ....... the State shall take legislative and other measures to implement the principle that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender.
With 14 out of 41 Principal Secretaries being women, the new Cabinet fulfills the rule at that level, even if just. However, at the Cabinet Secretaries level, there are just five women among their number, meaning that the constitution requirement was not fulfilled with the changes announced in November 2015. Unsurprisingly, this anomaly elicited swift warnings from various quarters among them the National Gender and Equality Commission NGEC, who also complained that the new lineup failed to include five percent of its membership with persons with disabilities (PWD).
Chapter 4 - The Bill of Rights, Part 3 - Specific Application of Rights:
54. (2) The State shall ensure the progressive implementation of the principle that at least five percent of the members of the public in elective and appointive bodies are persons with disabilities.
References:
1. Constitution of Kenya, 2010. National Council for Law Reporting. The Attorney General.
2. Website of the Parliament of Kenya. The National Assembly. Retrieved 2013.
3. Website of the State House. Retrieved June 2013, November 2015.
4. National Government Coordination Act, 2013. National Council for Law Reporting. The Attorney General.
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Kibaki's Government (2002-2013)
Energetic. Corrupt. Transformational
Contents |
Introduction |
Although Kibaki inherited Moi's Constitution, his government was not unduly preoccupied with an oppressive agenda. However, he wielded considerable authority through proxies. |
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Kibaki allowed the Cabinet members to exercise considerable autonomy. He also initiated reforms that strengthened many state organs that provide basic services such as water, health and infrastructure. However, corruption continued to reign. |
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The government under Kibaki was until the 2005's constitutional referendum, largely representative of the face of Kenya. After the 2007 disputed elections it became bloated again. |
More coming soon........
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