Ask a lawyer:
Is it legal for a president to fire the entire cabinet?

Table of Contents

1. Introduction

2. The President's Power to Appoint and Dismiss Cabinet Ministers

3. Conclusion

Introduction

This response will address the legality of a President firing the entire Cabinet in Kenya. It will delve into the relevant provisions of the Constitution of Kenya, 2010, and other relevant legislation to provide a comprehensive and accurate answer.

1. The President's Power to Appoint and Dismiss Cabinet Ministers

The Constitution of Kenya, 2010, outlines the President's power to appoint and dismiss Cabinet Ministers. Article 152(1) of the Constitution states that the President shall appoint the Cabinet, which shall consist of the Deputy President and not more than twenty-two Cabinet Secretaries.

The President's power to dismiss Cabinet Ministers is enshrined in Article 152(2) of the Constitution, which states that the President may, at any time, dismiss a Cabinet Secretary. This power is subject to the provisions of Article 152(3), which states that a Cabinet Secretary may be dismissed only on grounds of:

• Inability to perform the functions of office due to ill health or any other physical or mental incapacity.

• Misconduct or incompetence.

• Conviction of a criminal offense.

• Violation of the Constitution or any other law.

• Failure to perform the functions of office in accordance with the Constitution or any other law.

The Constitution does not explicitly state whether the President can dismiss the entire Cabinet at once. However, the power to dismiss a Cabinet Secretary is vested in the President, and there is no limitation on the number of Cabinet Secretaries that can be dismissed at any given time.

Therefore, based on the provisions of the Constitution, it is legal for the President to fire the entire Cabinet.

2. The President's Power to Appoint and Dismiss Cabinet Ministers

The President's power to dismiss Cabinet Ministers is subject to certain limitations. For instance, the President cannot dismiss a Cabinet Secretary without following due process. This means that the Cabinet Secretary must be given an opportunity to be heard before being dismissed.

Furthermore, the President's power to dismiss Cabinet Ministers is subject to judicial review. This means that the courts can review the President's decision to dismiss a Cabinet Secretary and determine whether it was lawful.

In conclusion, the President's power to dismiss Cabinet Ministers is not absolute. It is subject to certain limitations and judicial review.

3. Conclusion

In conclusion, the Constitution of Kenya, 2010, grants the President the power to appoint and dismiss Cabinet Ministers. While the Constitution does not explicitly state whether the President can dismiss the entire Cabinet at once, the power to dismiss a Cabinet Secretary is vested in the President, and there is no limitation on the number of Cabinet Secretaries that can be dismissed at any given time. However, the President's power to dismiss Cabinet Ministers is subject to certain limitations, including due process and judicial review.