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appointment as cs requirements

Introduction

In Kenya, the appointment of a Cabinet Secretary (CS) is a significant process governed by various legal frameworks and procedures. The role of a CS is crucial as they are responsible for the administration of specific government ministries, implementing government policies, and ensuring the efficient functioning of their respective departments. This response will delve into the requirements for appointment as a CS in Kenya, the vetting process, and relevant case laws that have shaped the appointment process.

Table of Contents

  1. Requirements for Appointment as a Cabinet Secretary

  2. The Vetting Process

  3. Legal Framework Governing the Appointment

  4. Relevant Case Laws

  5. Conclusion

  6. TLDR

1. Requirements for Appointment as a Cabinet Secretary

1.1 Constitutional Requirements

The Constitution of Kenya, 2010, provides the primary legal framework for the appointment of Cabinet Secretaries. According to Article 152(2) of the Constitution, a person may be appointed as a CS if they meet the following criteria:

  • Citizenship: The individual must be a Kenyan citizen.

  • Qualifications: The person must have the necessary academic qualifications, professional training, and experience.

  • Integrity: The individual must demonstrate high standards of integrity and moral character.

1.2 Academic and Professional Qualifications

The law regulating parliamentary approval requires the committee to consider a candidate’s academic credentials, professional training, and experience. Typically, a CS should possess:

  • A bachelor's degree from a recognized university.

  • Relevant professional experience in the field related to the ministry they are appointed to.

  • Demonstrated ability to manage the administrative and political interface.

1.3 Personal Integrity and Background

The candidate must exhibit high standards of personal integrity and a clean background. This includes:

  • No criminal record.

  • Adherence to ethical standards and principles.

  • Demonstrated commitment to public service and the rule of law.

1.4 Additional Requirements

Other specific requirements may be stipulated by the appointing authority or relevant statutes. For instance, the Public Service Commission may outline additional criteria for specific positions.

Sources:

  • The Constitution of Kenya, 2010 ↗

  • The Star ↗

2. The Vetting Process

2.1 Nomination by the President

The process begins with the President nominating individuals for the position of Cabinet Secretary. The President's nominations are based on the candidates' qualifications, experience, and integrity.

2.2 Parliamentary Approval

Once nominated, the candidates undergo a vetting process by the National Assembly. The Committee on Appointments is responsible for this vetting process. The committee evaluates the candidates based on:

  • Academic and professional qualifications.

  • Experience and suitability for the role.

  • Personal integrity and background.

The committee then submits a report to the National Assembly, which debates and votes on the approval of the nominees.

2.3 Swearing-In

Upon approval by the National Assembly, the nominees are formally appointed by the President and subsequently sworn in as Cabinet Secretaries.

Sources:

3. Legal Framework Governing the Appointment

3.1 The Constitution of Kenya, 2010

The Constitution provides the foundational legal framework for the appointment of Cabinet Secretaries. Article 152 outlines the composition and appointment process of the Cabinet.

3.2 The Public Appointments (Parliamentary Approval) Act, 2011

This Act provides the procedures for parliamentary approval of constitutional and statutory appointments. It ensures that the vetting process is transparent, fair, and based on merit.

3.3 The Leadership and Integrity Act, 2012

This Act operationalizes Chapter Six of the Constitution on leadership and integrity. It sets out the ethical standards and principles that public officers, including Cabinet Secretaries, must adhere to.

3.4 The Public Service (Values and Principles) Act, 2015

This Act promotes the values and principles of public service as outlined in Article 232 of the Constitution. It ensures that public appointments are based on merit, fairness, and transparency.

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4. Relevant Case Laws

4.1 Trusted Society of Human Rights Alliance v. Attorney General & 2 others [2012] eKLR

Parties: Trusted Society of Human Rights Alliance (Petitioner) vs. Attorney General & 2 others (Respondents)

Outcome: The court emphasized the importance of adhering to the principles of integrity and transparency in public appointments. The case highlighted the need for thorough vetting to ensure that only individuals of high moral character are appointed to public office.

Relevance: This case underscores the importance of integrity and transparency in the appointment of Cabinet Secretaries.

4.2 Mumo Matemu v. Trusted Society of Human Rights Alliance & 5 others [2013] eKLR

Parties: Mumo Matemu (Appellant) vs. Trusted Society of Human Rights Alliance & 5 others (Respondents)

Outcome: The Court of Appeal overturned the High Court's decision to nullify the appointment of Mumo Matemu as the Chairperson of the Ethics and Anti-Corruption Commission. The court held that the vetting process was conducted in accordance with the law and that the appointment was valid.

Relevance: This case illustrates the judicial scrutiny that public appointments can undergo and the importance of following due process.

4.3 International Centre for Policy and Conflict & 5 others v. Attorney General & 4 others [2013] eKLR

Parties: International Centre for Policy and Conflict & 5 others (Petitioners) vs. Attorney General & 4 others (Respondents)

Outcome: The court ruled that the appointment of certain public officers was unconstitutional due to the lack of adherence to the principles of transparency and accountability.

Relevance: This case reinforces the need for transparency and accountability in the appointment of public officers, including Cabinet Secretaries.

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Conclusion

The appointment of a Cabinet Secretary in Kenya is a rigorous process governed by the Constitution and various statutory provisions. The requirements for appointment include Kenyan citizenship, relevant academic and professional qualifications, and high standards of integrity. The vetting process by the National Assembly ensures that only qualified and suitable individuals are appointed to these crucial positions. Judicial precedents have further reinforced the principles of transparency, accountability, and integrity in public appointments.

TLDR

To be appointed as a Cabinet Secretary in Kenya, one must be a Kenyan citizen, possess relevant academic and professional qualifications, and demonstrate high standards of integrity. The vetting process involves nomination by the President and approval by the National Assembly. Judicial precedents emphasize the importance of transparency and accountability in the appointment process.

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Answered by mwakili.com