Ask a lawyer:
Is it legal for a president to fire the entire cabinet?
Yes, it is legal for a president to fire the entire cabinet in Kenya.
Table of Contents
The President's Power to Dismiss Cabinet Secretaries
The Process of Dismissal
The President's Discretion
The Role of the National Assembly
Conclusion
1. The President's Power to Dismiss Cabinet Secretaries
The President of Kenya has the power to dismiss Cabinet Secretaries. This power is derived from the Constitution of Kenya, 2010.
The Constitution states that the President shall nominate and, with the approval of the National Assembly, appoint Cabinet Secretaries. (Source: Kenya Law Reform Commission ↗)
The President also has the power to dismiss Cabinet Secretaries. This power is not explicitly stated in the Constitution, but it is implied by the President's power to appoint Cabinet Secretaries.
2. The Process of Dismissal
The President can dismiss a Cabinet Secretary at any time, without giving any reason. However, the President must inform the National Assembly of the dismissal. (Source: Kenya Law Reform Commission ↗)
The President can also dismiss a Cabinet Secretary if the National Assembly passes a vote of no confidence in the Cabinet Secretary. (Source: Kenya Law Reform Commission ↗)
3. The President's Discretion
The President has wide discretion in deciding whether or not to dismiss a Cabinet Secretary. The President can dismiss a Cabinet Secretary for any reason, or for no reason at all.
The President's decision to dismiss a Cabinet Secretary is not subject to judicial review. This means that the courts cannot intervene in the President's decision.
4. The Role of the National Assembly
The National Assembly has a limited role in the dismissal of Cabinet Secretaries. The National Assembly must approve the President's nomination of Cabinet Secretaries.
The National Assembly can also pass a vote of no confidence in a Cabinet Secretary. However, the National Assembly cannot force the President to dismiss a Cabinet Secretary.
5. Conclusion
In conclusion, the President of Kenya has the power to dismiss Cabinet Secretaries. This power is derived from the Constitution of Kenya, 2010. The President can dismiss a Cabinet Secretary at any time, without giving any reason. The President's decision to dismiss a Cabinet Secretary is not subject to judicial review. The National Assembly has a limited role in the dismissal of Cabinet Secretaries.
Answered by mwakili.com