Raila dismisses quit order on Ministers

MaxShimba

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Prime Minister Raila Odinga has dismissed a directive to Ministers and Assistant Ministers who were elected during the March 4 general elections to resign before taking up new jobs.

The PM said that there were no provisions requiring Ministers to quit in the manner stated by Head of the Public Service through the government spokesman yesterday.

He stated that "the status and tenure of the President, the Prime Minister the Vice President, Cabinet Ministers and assistant ministers are governed by section 12 of the sixth schedule of the constitution and the National Reconciliation Act".

Raila said the Attorney General had rightly indicated earlier that the President ,the Prime Minister, the Vice President ,cabinet Minister's remain in office until the assumption of office by the duly elected President and Cabinet Secretaries .

''The purported directive on this matter from the Head of the Public service has therefore no constitutional or legal foundation. It is misleading and inaccurate and should be disregarded'', he said.

Raila added that that in line with the AGs interpretation, the President and Cabinet which includes the Prime Minister and the Vice President are in office as a caretaker government and are only exercising executive power during a temporary incumbency.

''It should be noted that the incumbent as caretaker President, amongst other things cannot nominate or appoint or dismiss Ministers and the State or public Officers''said Raila

He added that the statement of the Head of Public Service Francis Kimemia can only be relevant in respect of Cabinet Secretaries appointed after the general election stating grand coalition government was still intact and in place led by the two principals; the President and Prime Minister.

''The coalition government at the level of the President, Prime Minister, Vice President and Ministers will stand dissolved when the duly elected President following the first general

Raila dismisses quit order on Ministers | The Star
 

NAIROBI, Kenya, – The government has warned Cabinet Ministers and their Assistants who fail to resign, that they will not be sworn into elective office next Thursday.

Speaking at a press conference on Thursday, Government Spokesman Muthui Kariuki said a directive by President Mwai Kibaki for them to quit superseded all other orders.

"Let nobody confuse the nation that he can wait until the day before the swearing in to resign. The government does not operate on a whistle-stop, whistle-start basis, I can assure you anybody who will have not resigned, will not be sworn in," Kariuki said.

On Thursday, Odinga contradicted the president's order, saying ministers should remain in office until a new government is sworn-in and fresh Cabinet Secretaries appointed.

Kariuki also allayed fears that there will be vacuum in government since they were other civil servants including Permanent Secretaries and others ministers who have not been voted in.

He further added that those ministers who were not voted in will be assigned two ministries until another government is sworn-in.
"The directive by the president was only for those who have been elected. Indeed, majority of the Permanent Secretaries are still in office," he explained.

He said the Prime Minister as the coordinator of all ministries should coordinate the resignation of those leaders elected.
"Already there are some ministers who have resigned today (Thursday)," he revealed.

State warns ministers who fail to quit | Capital News
 
Kibaki said all Ministers must resign, but RAO said don't resign. Where is Raila coming from?
 
Ab-Titchaz said:
The Constitution of The Republic of Kenya...thats his reference point.
Click to expand...

Haha.. coalition govt was dissolved at the expiry of the tenth parliament, the constitution is not vague on what needs to be done.
 
Dhuks said:
Haha.. coalition govt was dissolved at the expiry of the tenth parliament, the constitution is not vague on what needs to be done.
Click to expand...

What is Kibaki still doing as President if the Coalition Govt was dissolved may I ask?

It seems these things only work if they favor one side huh?
 
Hiyo katiba yao mpya si ndio usukani wao. katiba ni mpyaa inasemaje hapo!!
 
Ab-Titchaz said:
What is Kibaki still doing as President if the Coalition Govt was dissolved may I ask?

It seems these things only work if they favor one side huh?
Click to expand...

If you consult the constitution you will note his role is clearly spelt out, not so the PM.
Crucial Man said:
AG said ministes must not resigh,but kibaki said they must.where is kibaki coming from?
Click to expand...

Kibaki said those who were re-elected to various positions are the ones to resign, the likes of Kalonzo and Raila are not affected.
 
the likes of Kalonzo and Raila are not affected.

Dhuks,
I like the highllighted part and can rest easy maana I was reading this as a spite to Raila...after they even
tried to take the mans office away and give it to Ruto...bila hata decorum or protocol.

The other guys can resign then...:A S shade:
 
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Medical Services minister Prof Anyang’ Nyong’o has moved to court seeking to block President Kibaki’s order that ministers elected to various posts in the General Election resign, saying it would breed a constitutional crisis.

The minister, who is the Senator-elect for Kisumu County, wants the court to stop the swearing in of the elected leaders until the next government is legally in place.

He has termed as an “illegality” the presidential directive that required all ministers and their deputies elected during the general elections to the positions of senators, governors, MPs and Women Representatives to relinquish their posts and asked the court to reaffirm the position.

He said there was no legal foundation requiring elected ministers and their assistants to resign, adding that the issue had been compounded by the Supreme Court case challenging the outcome of the presidential poll.

The petition certified as urgent on Tuesday is grounded on the premise that resignations can only be validated after the swearing in of the next president.

“The government is now in transition to a devolved system and as such the ministers and their assistant elects are not holding two offices while remaining in the current office, their elected offices will become functional upon their swearing in,” Prof Nyong’o’s petition read in part.

He said in his application that a vacuum would be created as the Supreme Court decision regarding the presidential election had a spill over effect on the formation of the Cabinet.

“While awaiting the decision of the Supreme Court with regards to the presidential election challenge, absence of a cabinet would occasion a crisis as there are several constitutional organs requiring ministerial representation and are necessary for the management of the state such as the national security service,” the petition said.

The petition to be heard on Thursday was lodged at the High Court in Nairobi ahead of the scheduled MPs and senators swearing in.

He has named the head of the public service and enjoined the Clerk of the National assembly as respondents in the case.

The minister said the Supreme Court case had legally extended the mandate of the caretaker government currently in place.

“The right to remain in office can only be lost in the event that the elected minister or assistant minister takes oath of another office and not upon resignation since resignation has not been contemplated in the constitution,” the petition reads.

He said a resignation would amount to a situation where the office of the acting president exists with no cabinet ministers pending the transition to the devolved government, consequently the directive was made without regard to the constitution and is therefore null and void.

Prof Nyong’o is seeking orders to quash the directive and that it be declared illegal.

He also sought an order restraining the clerk of the national assembly from swearing in the senators, governors, members of national assembly and women representatives until the next president is sworn in.

He argued that it was only the next president who had the prerogative to form the devolved government that will establish the elected posts lawfully.

- Daily Nation
 
His bid has flopped, lets see how it develops
 



High court judge Isaac Lenaola has advised Medical services Minister Anyang Nyong'o to either resign or step down as a senator stating that the law does not allow him to take oath as senator while he still in office.

The senator-elect for Kisumu county moved to court on Tuesday to block a directive from the head of civil service Francis Kimemia that all ministers and assistant minister elected to various seats in the March 4 poll should resign.

Nyong'o sought the order from the High Court on grounds that the ministers and their assistants can only resign once the new cabinet has been sworn in.
High court judge Isaac Lenaola had directed Nyong'o to serve Kimemia with the petition and file it with the clerk of the National Assembly.

The judge has however declined to issue orders to stop cabinet ministers from resigning.

http://www.the-star.co.ke/news/article-114421/court-tells-nyongo-resign-or-stepdown


 
Dhuks said:
Now you know what the law says
Court tells Nyong'o to resign or stepdown | The Star
Click to expand...

Just to get back at ya,...it seems the Law doesn't mean anything in the Jamhuri. Some of these
folks refused to resign (read;Heed Kibakis call) and they still get sworn-in, in their respective
portifolios. Read on:

Ministers sworn in after ignoring order



Kilifi County Senator Stewart Madzayo takes the oath of office during the swearing-in ceremony at the KICC in Nairobi on March 28, 2013. William Oeri | NATION


By EDITH FORTUNATE efortunate@ke.nationmedia.com and ISAAC ONGIRI iongiri@ke.nationmedia.com
Posted Thursday, March 28 2013 at 22:00

In Summary

  • Leaders took the oath of office in spite of directive by the head of Public Service that they resign

Seventeen ministers and assistant ministers were sworn in as governors, MPs and senators despite a presidential directive requiring them to step down.

Of that number, 15 are from the Coalition of Reform and Democracy while two are from Jubilee Coalition.

The 10 ministers from Cord coalition sworn in and have not relinquished their ministerial posts are Prof Anyang' Nyong'o (Medical Services), Mr James Orengo (Lands), Mr Ababu Namwamba (Youth Affairs), Mr Amason Kingi (Fisheries), Mr Dan Mwazo (Tourism), Dr Paul Otuoma (Local Government), Mr Otieno Kajwang' (Immigration), Mr Wycliffe Oparanya, Mr Moses Wetang'ula (Trade) and Mr Chris Obure (Public Works).

The only minister from the Jubilee Coalition sworn in before he resigned is Dr Mohammed Kuti (Livestock).

Cord assistant ministers sworn in and are yet to resign are Dr Oburu Odinga (Finance), Mr David Musila (Defence), Mr Hassan Joho (Transport), Ms Elizabeth Ongoro (Metropolitan) and Mr Sospeter Ojaamong (Labour).

Mr Moses ole Sakuda, who is Regional Development assistant minister, is the only one from the Jubilee Coalition who is yet to resign.

President Kibaki may be forced to operate a skeleton government for the coming month should the Supreme Court invalidate last month's presidential elections after several Cabinet ministers resigned.More than 20 ministers and assistant ministers had resigned by Wednesday night, heeding a presidential directive that they quit following their election to various public offices.

Heeded directive

Those who have resigned include Mr Kiraitu Murungi (Energy), Mr Yusuf Haji (Defence), Mr Mutula Kilonzo (Education), Mr Dalmas Otieno (Public Service), Ms Esther Murugi (Special Programmes) and Dr Naomi Shaban (Gender).

Others are Mr Jamleck Kamau (Nairobi Metropolitan), Mr Mohammed Elmi (Northern Kenya), Mrs Beth Mugo (Public Health) and Mr Katoo ole Metito (Internal Security).

Mr Orengo, who is the Siaya Senator, on Thursday insisted that ministers who had declined to resign had not violated the law since they were protected by the Constitution.

"We will stay on until the day the duly elected President picks his new Cabinet. The electoral process as things stand now is not yet over because we are in court," he said.

He argued that the meaning of State officers as enshrined in the Constitution did not include the Prime Minister and the Vice-President and ministers but only referred to Cabinet Secretaries and others.

"The incumbent President, PM, VP and all current ministers are not products of the current Constitution but the National Accord," he maintained.

Ministers sworn in after ignoring order - Politics - nation.co.ke
 



High court judge Isaac Lenaola has advised Medical services Minister Anyang Nyong'o to either resign or step down as a senator stating that the law does not allow him to take oath as senator while he still in office.

The senator-elect for Kisumu county moved to court on Tuesday to block a directive from the head of civil service Francis Kimemia that all ministers and assistant minister elected to various seats in the March 4 poll should resign.

Nyong'o sought the order from the High Court on grounds that the ministers and their assistants can only resign once the new cabinet has been sworn in.

High court judge Isaac Lenaola had directed Nyong'o to serve Kimemia with the petition and file it with the clerk of the National Assembly.

The judge has however declined to issue orders to stop cabinet ministers from resigning.

Court tells Nyong'o to resign or stepdown | The Star


 
Pray that nobody contests it in court.
 

The High Court on Thursday declined to stop orders asking cabinet ministers elected for various public seats to resign as directed by President Mwai Kibaki.
Justice Isaac Lenaola said "the law was clear that oath of office cannot be taken while one was still a holder of another office."

He was responding to a petition brought before the High Court by Medical Services Minister Prof Anyang' Nyong'o challenging the presidential order that required ministers elected for public offices to resign ahead of their sworn in.

The petition will however continue to a full hearing on April 4.

Justice Lenaola told Prof Nyong'o to "either resign or step down as a Senator" saying the law dictated he cannot take oath as Senator and at the same time continue holding his ministerial position.

Ministers resigning ‘unconstitutional'

Prof Nyong'o had wanted the order requiring ministers to resign declared unconstitutional.

He also sued the Head of Public Service Francis Kimemia for ordering elected cabinet ministers to resign saying this would create "a vacuum" in government more so with the outcome of the contested presidential election still pending at the Supreme Court.

He argued that the contest at the Supreme Court had extended the mandate of the current government hence ministers resigning before a final ruling is delivered would precipitate a constitutional crisis in the country.

Justice Lenaola also said the court had no mandate to stop the swearing in of persons duly elected and gazzetted from taking up office.

In the petition, Prof Nyong'o sued Mr Kimemia and the clerk of the national assembly, however none had responded by Thursday.

Prof Nyong'o moved to court on Tuesday to block the directive that all ministers and assistant ministers who won various seats in the March 4 elections resign.

Prof Nyong'o who is the Kisumu Senator sought the order from the High Court on grounds that ministers and their assistants can only resign once a new cabinet has been sworn in.

Last week, Mr Kimemia ordered through a presidential directive that ministers and their assistants who were elected for various public seats relinquish office to pave way for the new government.
Source:nation.co.ke
 
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