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News and Analysis
October 29, 2024
President William Ruto on Thursday, July 11, dissolves the Cabinet, firing all Cabinet Secretaries with the exception of Deputy President Rigathi Gachagua and Prime Cabinet Secretary Musalia Mudavadi.
The head of state promised to name a new Cabinet in the coming days. He said that this is in line with the people's demand for good governance after the anti-finance bill 2024 protests.
The Constitution of Kenya allows for a maximum of 22 ministries under and a minimum number to 14. This is as outlined under Article 152.
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Kenya has experienced a few instances where the Cabinet was completely dissolved. Notably, in 2005, President Mwai Kibaki dismissed the entire Cabinet following a referendum defeat. This move was aimed at reorganizing and stabilizing the government in the wake of political turbulence.
Another significant dissolution occurred in 2013, when the new constitutional framework introduced under President Uhuru Kenyatta required the formation of a new government, effectively dissolving the existing one.
Routine reshuffles are a common feature in Kenya and are sometimes used to respond to public demands for better governance. For example, President Kibaki frequently reshuffled his Cabinet multiple times over issues related to service delivery and integrity of the respective Cabinet Ministers. Similarly, President Uhuru Kenyatta conducted several reshuffles, such as the notable one in January 2020, where some CSs were sent home.
A unique instance of Cabinet formation was the Grand Coalition Government formed in 2008 after the disputed 2007 elections. This coalition between President Kibaki and Prime Minister Raila Odinga was established to bring political stability and shared power, marking a significant departure from the usual single-party Cabinets, to a government of national unity.
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The Constitution of Kenya allows for a maximum of 22 ministries - respectively headed by Cabinet Secretaries – and a minimum number to 14.
This is as outlined under Article 152 as follows:
(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.
(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.
(4) Each person appointed as a Cabinet Secretary--
(a) assumes office by swearing or affirming faithfulness to the people and the Republic of Kenya and obedience to this Constitution, before the President and in accordance with the Third Schedule; and
(b) may resign by delivering a written statement of resignation to the President.
(5) The President–--
(a) may re-assign a Cabinet Secretary;
(b) may dismiss a Cabinet Secretary; and
(c) shall dismiss a Cabinet Secretary if required to do so by a resolution adopted under clauses (6) to (10).
(6) A member of the National Assembly, supported by at least one-quarter of all the members of the Assembly, may propose a motion requiring the President to dismiss a Cabinet Secretary--
(a) on the ground of a gross violation of a provision of this Constitution or of any other law;
(b) where there are serious reasons for believing that the Cabinet Secretary has committed a crime under national or international law; or
(c) for gross misconduct.
(7) If a motion under clause (6) is supported by at least one-third of the members of the National Assembly--
(a) the Assembly shall appoint a select committee comprising eleven of its members to investigate the matter; and
(b) the select committee shall, within ten days, report to the Assembly whether it finds the allegations against the Cabinet Secretary to be substantiated.
(8) The Cabinet Secretary has the right to appear and be represented before the select committee during its investigations.
(9) If the select committee reports that it finds the allegations--
(a) unsubstantiated, no further proceedings shall be taken;
or
(b) substantiated, the National Assembly shall--
(i) afford the Cabinet Secretary an opportunity to be heard; and
(ii) vote whether to approve the resolution requiring the Cabinet Secretary to be dismissed.
(10) If a resolution under clause (9) (b) (ii) requiring the President to dismiss a Cabinet Secretary is supported by a majority of
the members of the National Assembly--
(a) the Speaker shall promptly deliver the resolution to the President; and
(b) the President shall dismiss the Cabinet Secretary.
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Cabinet Secretaries, according to the constitution can be held personally responsible for the decisions they make in exercising their powers.
This is as outlined under Article 153. Decisions, responsibility and accountability of the Cabinet which reads as follows:
(1) A decision by the Cabinet shall be in writing.
(2) Cabinet Secretaries are accountable individually, and collectively, to the President for the exercise of their powers and the performance of their functions.
(3) A Cabinet Secretary shall attend before a committee of the National Assembly, or the Senate, when required by the committee, and answer any question concerning a matter for which the Cabinet Secretary is responsible.
(4) Cabinet Secretaries shall --
(a) act in accordance with this Constitution; and
(b) provide Parliament with full and regular reports concerning matters under their control.
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