Functions The Gov’t Cannot Gazette Until A New Cabinet Is Appointed
President William Ruto’s dismissal of Cabinet Secretaries is expected to have an impact on some government operations due to the legal responsibilities assigned to the CSs.
Despite the President’s assurances to the country that government operations would continue as usual, some functions cannot be performed by anyone other than the Cabinet Secretary.
Appointments to state corporation boards, deployment of the Kenya Defence Forces, and gazettement of public holidays are among the functions outlined in various acts of parliament.
Cabinet Secretaries typically appoint members to various boards on Fridays. This is consistent with the powers granted to them under the State Corporations Act.
“Unless the written law by or under which a state corporation is established or the articles of association of a state corporation otherwise require, a Board shall, subject to subsection (4), consist of not more than eleven other members not being employees of the state corporation, of whom not more than three shall be public officers, appointed by the Minister,” read the Act in part.
Notably, board chairperson appointments can continue as long as the President retains that responsibility.
Following the protests on June 25, KDF officers were deployed across the country. This deployment was prompted by a gazette notice issued by former Defence CS Aden Duale.
However, following his dismissal, KDF officers will be forced to continue the deployment until Duale’s replacement is identified, vetted, and sworn in.
This is because the Kenya Defence Forces Act states that the Defence CS is responsible for issuing a gazettement regarding the discontinuation of KDF deployment in the country.
“Where the deployment under subsection (2) has been discontinued, the Cabinet Secretary shall within twenty-four hours, issue notice in the Gazette, of the discontinuation of the deployment; and report to the National Assembly on the deployment,” reads the Act in part.
The Gazettement of Public Holidays is also expected to be paused, as the Interior CS is required to gazette various public holidays.
This is consistent with the powers granted to the Interior CS under the Public Holidays Act.
“The Cabinet Secretary may at any time if he thinks fit, by notice in the Gazette, declare any day to be a public holiday either in addition to the days mentioned in the Schedule or in substitution for any of those days and either throughout Kenya or in any sub-county area or part thereof,” reads the Act in Part.
Ruto is expected to appoint new CSs in the coming days following the dismissal of his previous Cabinet.
Functions The Gov’t Cannot Gazette Until A New Cabinet Is Appointed
