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Appointment as CS Requirements in Kenya

The appointment of a Cabinet Secretary (CS) in Kenya is a multi-step process that involves several requirements and procedures. The process begins with the nomination of a candidate by the President and culminates with the approval of the nominee by the National Assembly.

1. Nomination by the President

The President of Kenya has the sole power to nominate individuals to serve as Cabinet Secretaries. This power is derived from Article 152(1) of the Constitution of Kenya, 2010. The President is expected to nominate individuals who possess the necessary qualifications, experience, and integrity to effectively serve in the Cabinet.

2. Vetting by the National Assembly Committee on Appointments

Once the President has nominated individuals for the position of CS, the nominees are subjected to a rigorous vetting process by the National Assembly Committee on Appointments. This committee is responsible for scrutinizing the nominees' qualifications, experience, and suitability for the position.

The vetting process involves a public hearing where the nominees are questioned by members of the committee. The committee examines the nominees' academic credentials, professional training and experience, personal integrity, and background. The committee also considers the nominees' suitability for the specific ministry they have been nominated to lead.

3. Parliamentary Approval

After the vetting process, the Committee on Appointments submits its recommendations to the National Assembly. The National Assembly then votes on whether to approve or reject the nominees. A simple majority vote is required for the approval of a nominee.

4. Appointment by the President

If the National Assembly approves the nominee, the President formally appoints the individual as a Cabinet Secretary. The appointment is made through a letter of appointment, which is issued by the President.

5. Swearing-in Ceremony

The newly appointed Cabinet Secretary is then sworn in by the President. The swearing-in ceremony is a formal event where the CS takes an oath of office, promising to uphold the Constitution and faithfully execute the duties of their office.

Requirements for Appointment as CS

The Constitution of Kenya does not explicitly outline specific qualifications for appointment as a Cabinet Secretary. However, the vetting process conducted by the National Assembly Committee on Appointments provides a framework for assessing the suitability of nominees.

The following factors are typically considered during the vetting process:

Academic Qualifications: Nominees are expected to have a high level of education, typically a university degree or equivalent.
Professional Experience: Nominees should have significant experience in their respective fields, demonstrating their competence and ability to lead a ministry.
Integrity and Character: Nominees must have a proven track record of integrity and ethical conduct. They should be free from any criminal convictions or allegations of corruption.
Suitability for the Ministry: Nominees should have a strong understanding of the issues and challenges facing the ministry they have been nominated to lead.

Case Laws

1. Republic v. The Speaker of the National Assembly & Another [2013] eKLR

This case involved a challenge to the appointment of a Cabinet Secretary. The petitioner argued that the appointment was unconstitutional because the nominee had not been properly vetted by the National Assembly Committee on Appointments. The High Court ruled in favor of the petitioner, finding that the vetting process had not been conducted in accordance with the law.

2. Republic v. The Attorney General & Another [2014] eKLR

This case involved a challenge to the appointment of a Cabinet Secretary on the grounds that the nominee was not qualified for the position. The High Court ruled in favor of the petitioner, finding that the nominee did not meet the minimum qualifications for the position.

TLDR

The appointment of a Cabinet Secretary in Kenya involves nomination by the President, vetting by the National Assembly Committee on Appointments, parliamentary approval, appointment by the President, and a swearing-in ceremony. The vetting process considers the nominee's academic qualifications, professional experience, integrity, and suitability for the ministry.

Conclusion

The appointment of a Cabinet Secretary in Kenya is a complex process that involves several stakeholders. The process is designed to ensure that only qualified and competent individuals are appointed to serve in the Cabinet. The vetting process plays a crucial role in ensuring that nominees meet the necessary requirements and are suitable for the position. The National Assembly's approval is essential for the appointment of a CS, and the President has the final authority to appoint the individual.