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appointment as cs requirements

Introduction

The appointment of Cabinet Secretaries (CS) in Kenya is governed by various provisions in the Constitution of Kenya, 2010, and other relevant statutes. This process is designed to ensure that individuals appointed to these high offices meet specific qualifications and adhere to the principles of good governance, integrity, and public service.

Table of Contents

1. Constitutional Provisions

   • 1.1 Article 152: Cabinet

   • 1.2 Article 73: Responsibilities of Leadership

   • 1.3 Article 78: Citizenship and Leadership

2. Statutory Requirements

   • 2.1 Leadership and Integrity Act, 2012

   • 2.2 Public Officer Ethics Act, 2003

3. Parliamentary Approval

   • 3.1 Article 152(2): Approval by the National Assembly

   • 3.2 Parliamentary Vetting Process

4. Other Considerations

   • 4.1 Gender Balance

   • 4.2 Regional and Ethnic Diversity

5. Conclusion

1. Constitutional Provisions

1.1 Article 152: Cabinet

• Article 152(2) of the Constitution of Kenya, 2010, states that the President shall nominate and, with the approval of the National Assembly, appoint Cabinet Secretaries.

• Article 152(3) specifies that a Cabinet Secretary shall not be a Member of Parliament.

1.2 Article 73: Responsibilities of Leadership

• Article 73(1) emphasizes that authority assigned to a State officer is a public trust to be exercised in a manner that:

  • Is consistent with the purposes and objects of the Constitution.

  • Demonstrates respect for the people.

  • Brings honor to the nation and dignity to the office.

  • Promotes public confidence in the integrity of the office.

• Article 73(2) outlines the guiding principles of leadership and integrity, including:

  • Selection on the basis of personal integrity, competence, and suitability.

  • Objectivity and impartiality in decision-making.

  • Selfless service based solely on the public interest.

  • Accountability to the public for decisions and actions.

  • Discipline and commitment in service to the people.

1.3 Article 78: Citizenship and Leadership

• Article 78(1) stipulates that a person is not eligible for election or appointment to a State office unless the person is a citizen of Kenya.

• Article 78(2) further states that a State officer or a member of the defense forces shall not hold dual citizenship.

2. Statutory Requirements

2.1 Leadership and Integrity Act, 2012

• Section 13 of the Leadership and Integrity Act, 2012, requires State officers to have personal integrity, competence, and suitability.

• Section 27 mandates that State officers must declare their income, assets, and liabilities.

2.2 Public Officer Ethics Act, 2003

• Section 9 of the Public Officer Ethics Act, 2003, requires public officers to carry out their duties in accordance with the law.

• Section 10 emphasizes the need for public officers to avoid conflicts of interest.

3. Parliamentary Approval

3.1 Article 152(2): Approval by the National Assembly

• The President's nominees for Cabinet Secretary positions must be approved by the National Assembly as per Article 152(2) of the Constitution.

3.2 Parliamentary Vetting Process

• The vetting process involves:

  • Submission of the nominee's name to the National Assembly.

  • The relevant parliamentary committee conducts public hearings to vet the nominee.

  • The committee then submits a report to the National Assembly, which debates and votes on the nominee's suitability.

4. Other Considerations

4.1 Gender Balance

• Article 27(8) of the Constitution mandates that not more than two-thirds of the members of elective or appointive bodies shall be of the same gender.

4.2 Regional and Ethnic Diversity

• Article 130(2) requires that the composition of the national executive reflects the regional and ethnic diversity of the people of Kenya.

Conclusion

The appointment of Cabinet Secretaries in Kenya is a comprehensive process that involves constitutional and statutory requirements, parliamentary approval, and considerations of gender balance and regional diversity. These measures ensure that the individuals appointed to these high offices are qualified, competent, and uphold the principles of integrity and public service.

By adhering to these provisions, Kenya aims to promote good governance and public confidence in its leadership.

Answered by mwakili.com

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