National Assembly Speaker Moses Wetangula on Monday, October 17, ruled on whether the Prime Cabinet Secretary position is legal.
Speaking before the vetting of Musalia Mudavadi for the position, Wetangula noted that the post was Constitutional and part of the 22 CSs the President was allowed to nominate.
He further observed that Mudavadi’s role would be governed by the rules adhered to by other Cabinet Secretaries.
“The President nominated 22 Cabinet Secretaries including the Prime Cabinet Secretary. In this regard, the office of the Prime Cabinet Secretary finds its Constitutional basis under article 152 (1) (d) of the Constitution and the nominee, if the approved, will be one of the Cabinet Secretaries,” stated Wetangula.
Wetangula further noted that, as per the Constitution, the President had the powers to designate a CS title and assign functions as they deem fit.
In the case of Mudavadi, President Ruto named his position, Prime CS, and assigned him the function of coordinating other Cabinet secretaries.
“The President assigned specific roles to the office of the Prime CS including coordinating and supervision of the Ministries and State departments.
“It is within the powers of the President to designate the title and assign functions to a CS. To this end, the designation of Prime CS is not inconsistent with any provision of the Law and therefore the designation is properly, legally and Constitutionally grounded,” he ruled.
Lawmakers allied to former Prime Minister Raila Odinga’s Azimio la Umoja Coalition had vowed to oppose the creation of the slot arguing that it was illegal.
The Leader of Minority National Assembly Opiyo Wandayi termed the position as alien.
“Such a position is alien to the Constitution. It is a position which is not known and therefore cannot be considered as part of the Cabinet when the vetting is taking place,” he stated.
His colleague and Saboti MP Caleb Amisi, on the other hand, had threatened to put Mudavadi on the hot seat to differentiate his functions from those of other CSs.
“He will explain, that is why we have him tomorrow. He will explain the kind of job he wants us to vet him for,” he argued.
The creation of the post had also caused jitters within some quarters with the Kenya National Civil Society Centre (KNCSC) calling for its revocation.
The team argued that no public participation had been put into account before its creation.
“KNCSC calls on the Committee on Appointment of the National Assembly not to legitimize the unconstitutional, illegal and unprocedural process through which the Executive has sought to establish the position of Prime Cabinet Secretary as a State office or office in the public service by proceeding to vet the nominee, Hon. Musalia Mudavadi.
“KNCSC calls on the Committee on Appointment to demand that the right procedures are followed as laid out in the Constitution and the Public Service Commission Act in the establishment of the position of Prime Cabinet Secretary, and ensure that its creation aligns with the principles of ‘efficient, effective and economic use of resources,'” read in part, a statement by KNCSC Executive Director Suba Churchill.
Source: kENYANS.CO.KE