Before promulgation of the 2010 Constitution, cabinet ministers were elected Members of Parliament. This changed with the provisions in the Constitution requiring Cabinet Secretaries to have relevant skills and qualifications and be from outside Parliament.
This followed public dissatisfaction and demands for more technically qualified experts with management and strategic leadership credentials. The public also demanded that MPs focus on parliamentary work and on representing their constituents.
In addition, there were concerns that MPs, then not required to possess skills and qualifications besides language skills, were not adequately equipped to oversee and efficiently run Cabinet portfolios.
The Bomas draft constitution had provided that CSs be accountable to Parliament although the President still had the power to nominate and appoint Cabinet with parliamentary approvals. However, the Committee of Experts, in the second draft constitution included requirements for relevant skills and qualifications for CS nominees.
However, when MPs went to Naivasha to review the draft constitution, they agreed among themselves to change the political system to presidential from parliamentary, making CSs accountable to the President and also removing the relevant skills and qualifications requirements for CSs nomination and appointment.
The 2010 Constitution devolves executive authority from the President by providing in article 131(1)(b) that the President will exercise executive authority with the assistance of the Deputy President and CSs.
The Constitution also provides for specific functions for the President and his deputy and in article 153, it requires that decisions by all members of the Cabinet shall be in writing.
The Cabinet in Article 152 includes the President, the Deputy President, the Attorney-General and not fewer than fourteen and not more than twenty-two Cabinet Secretaries nominated and appointed by the President with the approval of the National Assembly.
CSs are accountable individually, and collectively, to the President for the exercise of their powers and the performance of their functions and when required should appear before the National Assembly or the Senate to answer any question concerning a matter for which they are responsible.
In addition, they are required to abide by and implement the Constitution and provide Parliament with full and regular reports concerning matters under their control. In addition, the Constitution makes demands on State Officers, especially CSs for accountability, leadership, integrity, good governance in management of public resources and affairs.
This is why it is important for CSs to possess certain skills and qualifications to meet demands of their dockets and provide efficient service.
Consequently, vetting of CSs by the Parliamentary Committee on Appointments, legally required to vet the nominees’ academic credentials, professional training and experience, personal integrity and background, attracts great public interest.
While many nominees have admirable credentials, some made the vetting an interesting spectacle, although even those doing the vetting sometimes appeared overwhelmed or lacking in credentials to ask the right questions.
Another interesting line of questioning regards the financial worth of CSs, whose objective was to enhance transparency and prevent corruption.
However, there seems to be no sanctions for CSs who have made exponential wealth in under two years.
In addition, MPs, majority of whom are of the ruling coalition always approve the President’s nominees. The President has made efforts to ensure adherence to regional and ethnic diversity when choosing nominees, but appears to struggle to meet the two-thirds gender requirement.
The recent protests by Gen Zs, which resulted in disbandment of the 2022 Cabinet, although the majority were reappointed, should make the new appointees cautious and keep them on their toes because there is nothing that stops them from protesting and demanding disbandment of this Cabinet, no public servant is safe anymore with the public expecting better governance, accountability and integrity.
In fact, the President is under extreme pressure for his Cabinet to perform better than the previous one and to ensure effective service delivery to Kenyans.
The President should place greater expectations on his CSs otherwise he may find himself nominating and appointing a third Cabinet before expiry of five years of his administration.
In the meantime, Kenyans are dissatisfied, angry and hungry from the high costs of living and taxation and while not optimistic, they have great expectations especially from this somehow expanded Cabinet. While the jury is still out, the Cabinet should surprise all of us and by doing a great job.
Koki Muli-Grignon a Democracy, Governance, and Elections Expert works for South Eastern Kenya University in Kitui County.
