Lawyers Share big Blunder in Ruto’s Cabinet Appointments

Saturday, July 20, 2024 –Lawyers close to President William Ruto have hinted at another long legal battle over the dismissed and nominated cabinet secretaries.

Former Law Society of Kenya LSK President Nelson Havi has said it is against the Constitution to reappoint the dismissed State officials because, just like governors, once named in a scandal and dismissed, one cannot again be brought back with or without a reason unless cleared through the courts.

“Well done again, Mr President. The dismissal from office of the Cabinet Secretaries means that they 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 argued.

This reasoning was quickly picked up by his colleague Lawyer Ahmednasir Abdullahi who also opined that, Ruto could soon face legal hurdles on his new re-appointments.

Nasir mentioned further that, by President Ruto having been satisfied with the Constitutional threshold to dismiss anyone from government office, it makes it illegal to bring back the same person.

“Interpretation of the word “dismissed” needs serious reflection and judicious deliberation. It is both a constitutional term and a constitutional threshold. So, in dismissing his Cabinet H.E William Ruto was satisfied that their conduct, performance in office or their omissions rose to a Constitutional level or threshold that warrants their dismissal,” Havi mentioned.

Mr. Havi and Ahmednasir further opined that, therefore, those who were dismissed should not make a come back because the Constitution is the same for the governors, cabinets secretaries and other State officers.

“That is a very bold and brave submission and I’m afraid Havi states the law correctly. President Ruto can’t reappoint any member of the cabinet because their dismissal under the constitution implied a grave omission or commission.

“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 is afresh political crisis and unparalleled constitutional imbroglio,” Lawyer Ahmednasir commented.

The two were speaking this shortly after President Ruto reappointed Aden Duale, Rebecca Miano, and Davis Chirtchir back to the Cabinet.

The eleven nominated for vetting in the Parliament are Kithure Kindiki(interior), Dr Debra Mulongo Barasa(Health), Public Works – Alice Wahome, Education – Julius Ogamba, Defence – Aden Duale and Agriculture – Dr Andrew Karanja.

Others are Environment – Soipan Tuya, Water – Eric Muriithi, Roads – Davis Chirchir, ICT – Dr Margaret Ndungu and AG – Rebecca Miano.