Several Principal Secretaries have been on the limelight for over a long period of time for bad reasons, but can President Uhuru Kenyatta dismiss them?
A few weeks ago, drama was witnessed at the Jomo Kenyatta International Airport (JKIA) during an alleged clash between Deputy President William Ruto and Interior PS Karanja Kibicho.
For about 15 minutes, the DP, who was seemingly angry, confronted the PS on claims that he instructed county commissioners and police commanders to shun his functions.
Ruto further claimed that Kibicho used his office to control administrators in an effort to frustrate the DP’s 2022 Presidential bid.
The drama reportedly began immediately the DP arrived at the airport, where he had gone to receive President Uhuru Kenyatta from his Rwanda visit. He went straight to Kibicho after spotting him.
But did the head of state do anything to PS Kibicho following the drama?
Well, under Articles 132 and 155 of the Kenyan constitution, the president cannot dismiss Principal Secretaries. According to Senior Counsel Ahmednasir Abdullahi who also happens to have represented both the president and his deputy in Court, the worst the President can do is “Re-assign” the Principal Secretaries.
The lawyer further says that the constitutional rationale is because principal Secretaries are not part of the executive arm of government of Kenya.
The lawyer shared the information through his official twitter account on Wednesday.
“Interesting… can H.E Uhuru dismiss Principal Secretaries under Articles 132 and 155? Apparently he CANNOT…the worst the President can do is “Re-assign”. The CONSTITUTIONAL rationale is because principal Secretaries are not part of the executive arm of GK,” tweeted Ahmednasir.
Interesting… can H.E Uhuru dismiss Principal Secretaries under Articles 132 and 155? Apparently he CANNOT…the worst the President can do is “Re-assign”. The CONSTITUTIONAL rationale is because principal Secretaries are not part of the executive arm of GK..@StateHouseKenya pic.twitter.com/gZmcF1dS69
— Ahmednasir Abdullahi SC (@ahmednasirlaw) May 29, 2019