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Newsunplug Kenya > Blog > News > Lawyers differ on what will happen to the fired CSs.
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Lawyers differ on what will happen to the fired CSs.

Ivy Irungu
Last updated: July 18, 2024 9:45 am
Ivy Irungu
1 year ago
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Foreign Affairs Principal Secretary Korir Sing’oei has expressed disagreement with former Law Society of Kenya President Nelson Havi regarding the fate of recently dismissed cabinet secretaries.

Havi asserted that the dismissal, detailed in a Gazette Notice issued on Wednesday, effectively bars the former cabinet members from future reappointment to any public office.

Sing’oei, however, countered Havi’s interpretation, suggesting that the implications of the dismissal might not necessarily preclude the former cabinet secretaries from future public service opportunities.

“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.

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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 disbanded the entire cabinet last Thursday following widespread public concerns about some members. On Wednesday, he issued a Gazette Notice dismissing all 21 cabinet secretaries, including the Attorney General, and appointed Prime Cabinet Secretary Musali Mudavadi to act in all vacant ministerial positions.

Speaking on Sunday, Ruto requested prayers as he forms a new team to advance his Bottom-Up Economic Transformation Agenda (BETA) and fulfill his promises to the nation. He emphasized the need for competent individuals who are dedicated to serving the country and not tainted by corruption or arrogance.

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At the burial of Bishop Allan Kiuna in Kiambu, Gachagua echoed similar sentiments, urging religious leaders to pray for the president in selecting capable and patriotic leaders for his cabinet.

“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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