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Explainer: What is next after Cabinet approval

The National Assembly today voted to approve the nomination of 24 cabinet members paving way for activation President William Ruto’s manifesto implementation.

Now the ball rolls to the Assembly Clerk, Susan Kioko who will within seven days notify the President through a gazette notice of the names of the approved nominees for appointment.  

Article 152 (1) of the Constitution says the Cabinet includes the President, the Deputy President, the Attorney-General, and not fewer than 14 and not more than 22 Cabinet Secretaries. 

The approved Cabinet members will likely take oath of office by end of this week.

This will usher in the men and women to the executive to assist President Ruto implement his Kenya Kwanza manifestos.

How to remove a Cabinet Secretary?  

With Azimio la Umoja One Kenya Coalition members expressing their dissatisfaction with some of the picks for cabinet, they have recourse under the same Article 152 (6) which allows MPs to impeach a CS. 

To dismiss a cabinet secretary, an MP requires to be supported by at least one-quarter of all the members of the Assembly to propose the motion on the ground of a gross violation of a provision of the Constitution or of any other law, where there are serious reasons for believing that the Cabinet Secretary has committed a crime under national or international law; or for gross misconduct. 

If the motion seeking to dismiss a CS is supported by at least one-third of the members the Assembly will appoint a select committee comprising eleven of its members to investigate the matter; and
within ten days, report to the Assembly whether it finds the allegations against the CS to be substantiated. 

Former MP and now Agriculture nominee Mithika Linturi came close to tabling a motion to dismiss the then Devolution CS Anne Waiguru in 2014.  

If the committee finds the allegations to be unsubstantiated, the proceedings end there. However, if the allegations are substantiated, the National Assembly affords the accused Cabinet Secretary an opportunity to be heard after which the house takes a vote whether to approve the resolution requiring the accused CS to be dismissed.  

If the motion is supported by a majority of the members, the resolution is communicated to the President who is obligated to dismiss the said CS.

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