Sunday Nation
Date: 24.11.2013
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AVE: 158880.0
CONSTITUTION I Kembi Gitura
Making a case for deputy cabinet secretaries
State has a duty to
take steps to advance
Kenya's interests and
well­being as long as
Constitution does not
specifically forbid it"
Implementing the new
Constitution has had
mixed successes. If faces
fications. This is not always
satisfactory, wastes time and
can be dangerous particularly
challenges similar to those when the committee chair is not
member of the ruling party
experienced in almost all juris­
dictions where a constitution
for obvious reasons. The issue
has had to be changed to meet of whether or not certain ques­
tions particularly pertaining to
particular needs.
In the campaign for the security and economic devel­
referendum, it was generally opment should be answered
agreed that in due time dur­ by the Cabinet Secretary to a
ing its implementation, the committee of the whole House
need to change the Constitu­ and be subjected to interroga­
tion could arise and would be tion needs to be given very
welcome. Experience in the serious thought.
last few months shows that
the need has arisen in more
My experience in the last few
months is that answers by com­
ways than one.
Recently, the President quite
understandably, sounded frus­
trated by the fact that Cabinet
Secretaries were spending too
much time answering to sum­
attee chairs as mouthpieces
: Cabinet Secretaries have in
the most part been unsatisfac­
tory and have invariably left
and espousing the government
position on issues.
Article 19 of the old con­
governance is to protect and
advance Kenya's interests ef­
President and Ministers in the
to suffer from a narrow inter­
ficiently; it is not to hamstring
stitution specifically provided the delivery of services to
for assistant ministers "to Kenyans. The implementation
assist the President, the Vice process unfortunately appears
performance of their duties." I
pretation of what can or cannot
hold that this need still exists
be done.
maybe now more now than be­
Article 129(2) of the Consti­
fore. This begs the question on
tution provides that 'Executive
whether the Constitution pro­
authority shall be exercised in
hibits appointment of Deputy a manner compatible with
Cabinet Secretaries. I submit
it does not.
the principle of service to the
people of Kenya and for their
In George Washington's
well­being and benefit' while
presidency in the USA, there Article 152 provides that there
were intense debates between
shall be a cabinet comprising
the Secretary of State Thomas of not fewer than 14 and not
Jefferson and Treasury Secre­ more than 21 Cabinet Secretar­
tary Alexander Hamilton ies. The President nominates,
on how to interpret the new appoints, transfers, and may
this extent, one does not fail to Constitution. Jefferson was dismiss subject to the Constitu­
monses from Parliament to
for narrow interpretation and tion. The Constitution is silent
note some nostalgia for the old
the extent that he himself was
wanted the federal government
system when Cabinet Ministers
sometimes unable to meet them
restricted to doing only what on whether or not there shall
were kept on their toes inside the Constitution said it could be Deputy Secretaries. Whether
when he needed to, But then, and outside the House,
do. But Hamilton was for broad or not they are appointed will
isn't part of the core duty of a
With the current constitu­
interpretation and wanted the depend on whether one takes
Cabinet Secretary to appear be­
tion, Cabinet Secretaries
government empowered to do a Jefferson or a Hamilton posi­
fore Parliamentary Committees
must continue to appear before anything in the best interests of tion. I would vote for a broad
in obeisance to the oversight
Parliament because otherwise, the country as long as the Con­ interpretation and argue that
role of Parliament?
Parliament would be negating in stitution did not prohibit it.
Deputy Ministers would make
In the old constitution,
Ministers as MPs answered its core oversight duty over the
Since the purpose of the Con­ the work of the President and
parliamentary questions in­
side Parliament. In the new
dispensation and not being
MPs, the Cabinet Secretaries
have to give written answers
to the chairs of parliamentary
committees who in turn read
them out in Parliament and at­
tempt to answer supplementary
questions.
Routinely, the chairs have
to ask for time to seek clari­
members disillusioned. To
Executive and it has no other
stitution had been to make the
avenue for interrogating the Union more perfect and effec­
government. The appointment tive, Hamilton's view won the
of deputy Cabinet Secretaries day. When Jefferson became
would help the situation and
they would be of great assist­
ance to the government system.
They would deal with many day
to day issues of government
including attendance before
parliamentary committees,
deputising for Cabinet Secre­
taries at important functions
the third president in 1801, he
embraced Hamilton's stand of
broad interpretation in order to
benefit the citizens.
Kenya's new Constitution
borrowed substantially from
that of the US. The basic pur­
pose of the constitution and
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Sunday Nation
Date: 24.11.2013
Page 33
Article size: 331 cm2
ColumnCM: 73.55
AVE: 158880.0
his Cabinet more efficient to
optimise service delivery.
of office alone if delivering serv­ they need help and this can The government has a duty to
only be from a duly vetted, ap­ take steps that are designed to
ice to the people is the guiding
pointed and sworn in deputy. advance Kenya's interests and
well­being as long as the law
numerous situations in which
does not specifically forbid it.
the Cabinet Secretary may be
busy complementing them. It is
Gitura is Senator of Murang'a
difficult for the Cabinet Secre­ required to be in more than
County and Deputy Speaker
tary to meet all the expectations one place at the same time,
Cabinet Secretaries are fewer
than ministers but ministers
had assistants who were ever
principle. Given that there are
of the Senate
Ipsos Kenya ­ Acorn House,97 James Gichuru Road ­ Lavington ­ Nairobi ­ Kenya