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

mwakili.com

Introduction

The question of whether the President of Kenya can fire the entire cabinet is a significant one, touching on the powers and limitations of the executive branch as outlined in the Constitution of Kenya and other relevant laws. This response will delve into the constitutional provisions, relevant statutes, and legal interpretations to provide a comprehensive answer.

Constitutional Provisions
- 1.1 Powers of the President
- 1.2 Appointment and Dismissal of Cabinet Secretaries
Relevant Statutes
- 2.1 Public Service (Values and Principles) Act
- 2.2 Leadership and Integrity Act
Legal Interpretations and Precedents
- 3.1 Judicial Interpretations
- 3.2 Historical Precedents
Conclusion

1. Constitutional Provisions

1.1 Powers of the President

The Constitution of Kenya, 2010, outlines the powers and functions of the President in Chapter Nine. Specifically, Article 132 details the functions of the President, which include:

Article 132(2): The President shall nominate and, with the approval of the National Assembly, appoint, and may dismiss Cabinet Secretaries.

This provision clearly grants the President the authority to dismiss Cabinet Secretaries. However, it does not explicitly state whether the President can dismiss the entire cabinet at once.

1.2 Appointment and Dismissal of Cabinet Secretaries

Article 152(1): The Cabinet consists of the President, the Deputy President, the Attorney-General, and not fewer than fourteen and not more than twenty-two Cabinet Secretaries.
Article 152(2): The President shall nominate and, with the approval of the National Assembly, appoint Cabinet Secretaries.
Article 152(5): A Cabinet Secretary may be dismissed by the President.

These articles collectively indicate that the President has the power to dismiss individual Cabinet Secretaries. However, the Constitution does not explicitly prohibit the dismissal of the entire cabinet, implying that such an action could be within the President's powers, provided it is done in accordance with the law.

2. Relevant Statutes

2.1 Public Service (Values and Principles) Act

The Public Service (Values and Principles) Act, 2015, outlines the values and principles of public service in Kenya. While it does not directly address the dismissal of Cabinet Secretaries, it emphasizes the need for:

Section 4: High standards of professional ethics.
Section 5: Efficient, effective, and economic use of resources.
Section 6: Responsive, prompt, effective, impartial, and equitable provision of services.

These principles suggest that any action taken by the President, including the dismissal of Cabinet Secretaries, should align with these values.

2.2 Leadership and Integrity Act

The Leadership and Integrity Act, 2012, provides for the enforcement of Chapter Six of the Constitution, which deals with leadership and integrity. Key provisions include:

Section 3: Application of the Act to all State officers.
Section 4: General leadership and integrity code.
Section 5: Conduct of State officers.

While this Act does not specifically address the dismissal of Cabinet Secretaries, it underscores the importance of integrity and accountability in public office, which could be relevant in the context of dismissing the entire cabinet.

3. Legal Interpretations and Precedents

3.1 Judicial Interpretations

Kenyan courts have occasionally addressed issues related to the powers of the President, including the appointment and dismissal of public officers. However, there is limited judicial interpretation specifically addressing the dismissal of the entire cabinet. Courts generally uphold the principle that the President's actions must comply with the Constitution and relevant laws.

3.2 Historical Precedents

Historically, Kenyan Presidents have exercised their power to dismiss individual Cabinet Secretaries. However, there is no recorded instance of a President dismissing the entire cabinet at once. This absence of precedent suggests that while the power exists, it is rarely exercised in such a sweeping manner.

Conclusion

In summary, the President of Kenya does have the constitutional authority to dismiss Cabinet Secretaries, as outlined in Articles 132 and 152 of the Constitution. While the Constitution does not explicitly address the dismissal of the entire cabinet, it does not prohibit it either, implying that such an action could be within the President's powers. Relevant statutes, including the Public Service (Values and Principles) Act and the Leadership and Integrity Act, emphasize the need for ethical and accountable conduct in public service, which would apply to any decision to dismiss Cabinet Secretaries.

Given the lack of specific judicial interpretations and historical precedents, the dismissal of the entire cabinet would likely be a significant and unprecedented action, requiring careful consideration of constitutional principles and public service values.