How A Sitting MP Is Transitioned To Cabinet
On Wednesday, President William Ruto named the remaining nominees to his new broad-based government.
Ruto has so far nominated 21 of 23 people to lead respective dockets in his government.
Opiyo Wandayi, the MP for the Ugunja Constituency in Siaya County, stands out among the 21 nominees.
Many people may be wondering what happens if an elected MP is appointed Cabinet Secretary (CS).
Thank you, President @WilliamsRuto for nominating me to the position of CS, Energy and Petroleum. It will be a great honor and privilege to serve my country in this new capacity if I secure the approval of the National Assembly. My gratitude to Baba @RailaOdinga for his enduring…
— Hon. Opiyo Wandayi, EGH (@OpiyoWandayi) July 24, 2024
In this situation, constitutional provisions and potential consequences come into play.
According to Section 13, Article VI of the Constitution, MPs cannot hold other government positions during their term without losing their seat.
If an elected MP is appointed CS, they must resign from their parliamentary seat.
The constitution requires the Speaker to issue a written declaration of a vacancy in a constituency within 21 days of the occurrence of the vacancy by notifying the IEBC.
The IEBC is then required to hold a by-election to fill the vacant seat within 90 days.
John Mbadi, the nominated MP, is another important figure to watch.
The IEBC requires that if a nominated MP leaves office, the party to which the MP belonged notify the IEBC of the vacancy.
The IEBC is then mandated to select from its existing list of nominees the next in number to occupy the seat.
In contrast, there is currently no active electoral commission to carry out these processes, but Ruto signed into law the IEBC (Amendment) Bill, 2024.
The new law establishes the country’s electoral management system, including the appointment of new IEBC commissioners.
How A Sitting MP Is Transitioned To Cabinet
