Ask a lawyer:
Can the president fire the whole cabinet?

mwakili.com

Introduction

In Kenya, the President holds significant executive powers, including the authority to appoint and dismiss members of the Cabinet. This power is derived from the Constitution of Kenya, 2010, which outlines the structure and functions of the executive branch of government. The recent dismissal of almost the entire Cabinet by President William Ruto has brought this issue into the spotlight, raising questions about the extent of the President's powers and the legal framework governing such actions.

Constitutional Provisions
Historical Precedents
Legal and Political Implications
Conclusion

1. Constitutional Provisions

The Constitution of Kenya, 2010, provides the legal framework for the appointment and dismissal of Cabinet Secretaries. According to Article 152 of the Constitution:

Appointment: The President nominates Cabinet Secretaries, who must then be approved by the National Assembly before their appointment.
Dismissal: The President has the authority to dismiss Cabinet Secretaries. This power is not explicitly limited by the Constitution, giving the President considerable discretion in this regard.

The relevant constitutional provisions are as follows:

Article 152(2): "The President shall nominate and, with the approval of the National Assembly, appoint Cabinet Secretaries."
Article 152(5): "The President may re-assign a Cabinet Secretary."

These provisions indicate that while the President has the power to appoint and dismiss Cabinet Secretaries, the initial appointment requires the approval of the National Assembly. However, the Constitution does not explicitly require such approval for dismissals, thereby granting the President significant latitude in this area.

(Source: Kenya Law Reform Commission ↗)

2. Historical Precedents

The recent dismissal of almost the entire Cabinet by President William Ruto is not unprecedented in Kenyan history. A similar event occurred in 2005 when then-President Mwai Kibaki dissolved his entire Cabinet following a defeat in a constitutional referendum. This historical precedent underscores the President's authority to make sweeping changes to the executive branch in response to political crises or significant events.

2005 Cabinet Dissolution: After losing a referendum on a new constitution, President Mwai Kibaki dissolved his entire Cabinet. This move was seen as a response to the political fallout from the referendum and an attempt to reassert control over the government.

(Source: Al Jazeera ↗)

3. Legal and Political Implications

The President's power to dismiss the entire Cabinet has significant legal and political implications:

Legal Implications: While the Constitution grants the President the authority to dismiss Cabinet Secretaries, such actions must still adhere to the principles of good governance, transparency, and accountability. The President's decisions can be subject to judicial review if they are deemed to violate constitutional principles or other legal norms.
Political Implications: The dismissal of the entire Cabinet can have far-reaching political consequences. It can be seen as a move to consolidate power, address internal dissent, or respond to public pressure. However, it can also lead to political instability, as seen in the recent protests and demonstrations against President Ruto's government.

The recent dismissal of the Cabinet by President Ruto followed weeks of anti-government protests over a controversial finance bill. This move was likely aimed at appeasing public discontent and demonstrating decisive leadership. However, it also highlights the delicate balance between executive authority and political stability.

(Source: BBC ↗, CNN ↗)

Conclusion

In conclusion, the President of Kenya has the constitutional authority to dismiss the entire Cabinet. This power is derived from the Constitution of Kenya, 2010, which grants the President significant discretion in the appointment and dismissal of Cabinet Secretaries. Historical precedents, such as the 2005 Cabinet dissolution by President Mwai Kibaki, further illustrate the exercise of this power. However, the dismissal of the entire Cabinet carries substantial legal and political implications, necessitating careful consideration of the principles of good governance and the potential impact on political stability.

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