Kibaki Vs Raila-Ministers Resignation

[nowayhaha]

Prime Minister Raila Odinga has directed ministers to remain in office until a new president is sworn in.

Mr Odinga’s directive contradicts President Kibaki’s order to 22 Cabinet ministers and 19 assistant ministers who were elected to various offices to resign immediately.

President Kibaki, in an order communicated by Head of Public Service Francis Kimemia on Tuesday, warned that the ministers did not qualify to assume their new offices unless they resigned.
www.nation.co.ke/News/politics/PM-Odinga-tells-ministers-to-remain-in-office-/-/1064/1725696/-/v0bgrw/-/index.html

But in a rejoinder, Mr Odinga stated that there was no constitutional provision requiring ministers to resign before they qualify to take their new posts.

"The status and tenure of the President, the Prime Minister, the Vice President, Cabinet Ministers and Assistant Ministers are governed by Section 12 of the Sixth Schedule of the Constitution of Kenya and the National Accord Reconciliation Act,” Mr Odinga said in a statement.

"There are no provisions requiring Ministers to resign in the manner stated by the Head of Public Service through the Government Spokesman,” he said.

The PM insisted that the law is clear that the President, the PM, the Vice President and all ministers remain in office until a duly elected president is sworn in and new cabinet secretaries appointed.

"Since the tenure of the President and the current Government has exceeded the term of five years, the President and the Cabinet, which includes the Prime Minister and the Vice President, are in office as a caretaker Government and are only exercising executive power during a temporary incumbency,” he noted.

“It should be noted that the incumbent President, as a caretaker, amongst other things cannot nominate or appoint or dismiss Ministers and the State or Public Officers,” Mr Odinga argued.

On Tuesday, President Kibaki through Head of Public Service Francis Kimemia said at the advice from the Speaker of the National Assembly and Attorney General the ministers and their assistants should resign immediately.

“So as to qualify to be sworn in by the Clerk of the National Assembly, governors, senators, women representatives and members of parliament who were elected should resign immediately,” said a letter signed by Mr Kimemia.

www.nation.co.ke/News/politics/PM-Odinga-tells-ministers-to-remain-in-office-/-/1064/1725696/-/v0bgrw/-/index.html

[mamluki]

Whats the hullabaloo all about anyways. IMHO, the ministers should hold office till the after the Supreme Court decides upon the petition now before it. Then we can have an orderly swearing in of all public office holders from the president-elect down to the county rep-elect.
What if the county reps, senators and governors are sworn in next week, and then a week after, have the SC declare the entire vote null and void? (possibilities are endless!), wouldn't the mass resignations and rushed swearing in then turn out to have been an exercise in futility?

[nowayhaha]

Mutula Kilonzo one of Raila top ally defies call from The outgoing Prime Minister and resigns

www.capitalfm.co.ke/news/2013/03/i-already-quit-cabinet-mutula/

NAIROBI, Kenya, Mar 20 – Mutula Kilonzo on Wednesday said he had already vacated the Education Ministry, and is now waiting to be sworn in as the Makueni Senator.

Kilonzo was reacting to a directive issued on Tuesday by President Mwai Kibaki that all Ministers and Assistant Ministers elected to the positions of Governor, Senator, Member of Parliament or Woman Representative should resign.

Kilonzo told Capital FM News on phone that he cleared his desk at the Ministry of Education on Wednesday last week when Senator’s names were gazetted.

He stated that he didn’t have to wait for President Kibaki to remind him to relinquish his post as Education Minister.

“I don’t need prompting! I’ve already left the ministry and I am now waiting to know when the swearing date for senator is,” Kilonzo stated.

It was however not clear if he has given up ministry vehicles and bodyguards attached to him as Education Minister.

Under the Constitution, individuals cannot hold two State offices and ministers would therefore be required to vacate their Cabinet seats before taking oath for their new elective offices.

Close to 20 ministers are set to leave their Cabinet positions before they are sworn in as Senators, Governors or MPs.

Also expected to quit their posts are 19 assistant ministers who will be sworn in to various seats in ceremonies scheduled for Thursday next week.

Among those expected to forego their seats are Energy Minister Kiraitu Murungi who became Meru Senator, Planning Minister Wycliffe Oparanya who was elected Kakamega Governor and Amason Kingi who was elected Kilifi Governor. Others are Medical Services Minister Anyang’ Nyong’o, Lands Minister James Orengo and Trade Minister Moses Wetangula among others.

Prime Minister Raila Odinga has however differed with the president’s directive that all ministers elected should resign immediately, terming it as unconstitutional.

Odinga says such individuals should remain in office until a new president is sworn in because the grand coalition government is still intact.

Legal advice given to the government earlier by Attorney General Githu Muigai showed that the directive was constitutional.

In an opinion issued last week, Muigai had said that the ministers will lose the right to remain in Cabinet because they would have to take another oath of office in the new posts.

[kamalet]

The Constitution is VERY clear. No state officer can hold two jobs at any one time! Elected MP, Senator, Governor cannot also be a minister (state jobs!)

I think you need to forgive Raila. His mental faculties do not seem very straight lately

[mangai]

Mar 21, 2013 9:23:42 GMT 3 kamalet said:

The Constitution is VERY clear. No state officer can hold two jobs at any one time! Elected MP, Senator, Governor cannot also be a minister (state jobs!)

I think you need to forgive Raila. His mental faculties do not seem very straight lately

It is not that the constitution was enacted yesterday. They have been holding two state jobs, that of minister and elected Mp during the transition period before we have substantive Cabinet Secretaries.

[podp]

Mar 21, 2013 9:23:42 GMT 3 kamalet said:

The Constitution is VERY clear. No state officer can hold two jobs at any one time! Elected MP, Senator, Governor cannot also be a minister (state jobs!)

I think you need to forgive Raila. His mental faculties do not seem very straight lately

Assistant ministers and permanent secretaries could fill the void left by ministers who have been ordered to resign after they won elective positions.

President Mwai Kibaki and Prime Minister Raila Odinga are, under Article 134 of the Constitution, barred from nominating, appointing or dismissing State officers during “temporary incumbency,” the period between the elections and the swearing in of a new President.

“The President during this period cannot make any new appointments but what may happen, although it is sensitive, is reassignment,” said Abdikadir Mohammed, who chaired the Constitutional Implementation Oversight Committee (COIC) in the 10th Parliament.

He was responding to questions by Business Daily on the impact of 22 ministers and 19 assistant ministers resigning in order to facilitate their swearing in as Members of National Assembly, senators and governors. Under the law, ministers, now known as Cabinet secretaries, cannot be Members of Parliament.

www.businessdailyafrica.com/Kibaki-and-Raila-cannot-reshuffle-the-Cabinet-again/-/539546/1726200/-/rpmre9z/-/index.html

[kamalet]

Mar 21, 2013 9:47:52 GMT 3 mangai said:

Mar 21, 2013 9:23:42 GMT 3 kamalet said:

The Constitution is VERY clear. No state officer can hold two jobs at any one time! Elected MP, Senator, Governor cannot also be a minister (state jobs!)

I think you need to forgive Raila. His mental faculties do not seem very straight lately

It is not that the constitution was enacted yesterday. They have been holding two state jobs, that of minister and elected Mp during the transition period before we have substantive Cabinet Secretaries.

Eiish....stop being ignorant bwana!!

They did so under dispensation from the Transition provisions that held until the first general election!

[mangai]

Mar 21, 2013 10:13:04 GMT 3 kamalet said:

Mar 21, 2013 9:47:52 GMT 3 mangai said:

It is not that the constitution was enacted yesterday. They have been holding two state jobs, that of minister and elected Mp during the transition period before we have substantive Cabinet Secretaries.

Eiish....stop being ignorant bwana!!

They did so under dispensation from the Transition provisions that held until the first general election!

And as the AG recently 'ignorantly' advised, the Ministers will continue serving during the transitional period that will end when a new Government is sworn in, not until the first general election (March 4) as was also being articulated by Charles Nyachae. It could be even up to June or even beyond, depending on the Supreme Court ruling challenging Uhuru's win.