William Ruto’s misadventures with his former cabinet

Pursuant with the President’s obligations under article 131 (2) (a) of the Constitution as read with article 3 of the Constitution, Ruto has an obligation to ensure that at any one time, the Cabinet comprises, along with himself and Riggy G, not less than 14 Cabinet Secretaries and an Attorney-General. I believe that is the…

Pursuant with the President’s obligations under article 131 (2) (a) of the Constitution as read with article 3 of the Constitution, Ruto has an obligation to ensure that at any one time, the Cabinet comprises, along with himself and Riggy G, not less than 14 Cabinet Secretaries and an Attorney-General. I believe that is the reason, when he was sworn in, he adopted, for a while, the Cabinet Secretaries and Attorney-General from the Uhuru Kenyatta regime. By dismissing the Attorney-General and the Cabinet Secretaries, Ruto was in violation of article 152 (1) (c) and (d) of the Constitution and section 12 of the Office of the Attorney-General Act, 2012. By appointing a person as an Acting Cabinet Secretary for all dockets, without the approval of the National Assembly, he is once again in violation of article 152 (1) (d) of the Constitution, which requires not less than 14 persons as Cabinet Secretaries and further in violation of article 152 (2) of the Constitution as read with article 132 (2) (a) of the Constitution and 259 (3) (b) of the Constitution which requires the approval of the National Assembly in the appointment of a Cabinet Secretary (whether acting or substantive). What we have, contrary to article 3 (2) of the Constitution, is “a government established otherwise than in compliance of the Constitution” and the Constitution leaves no doubt that this is “unlawful”.

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