President Kibaki has directed all ministers elected to various positions in the March 4 General Election to relinquish their Cabinet posts immediately.
The president through Head of Public Service Francis Kimemia said at the advice from the Speaker of the National Assembly and Attorney General the ministers and their assistants should resign immediately.
“So as to qualify to be sworn in by the Clerk of the National Assembly, governors, senators, women representatives and members of parliament who were elected should resign immediately,” said the letter signed by Mr Kimemia.
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In a significant move, President Mwai Kibaki directed all ministers and assistant ministers elected in the March 4, 2013, General Election to vacate their Cabinet positions immediately.
This directive was issued through a circular from the Secretary to the Cabinet, Francis Kimemia, which emphasized that holding two state offices concurrently is constitutionally prohibited. The resignation was required before the elected officials could take their new oaths of office.
The decision led to a public disagreement between President Kibaki and Prime Minister Raila Odinga. While President Kibaki insisted on the immediate resignation of the ministers, citing legal advice from the Attorney General, Prime Minister Odinga contended that such resignations should occur only after the formation of a new government.
This difference in interpretation highlighted the complexities of the transition process under Kenya’s new constitutional framework.
In the interim, the government was managed by Vice President Moody Awori and senior civil servants, ensuring continuity of operations until the new Parliament convened and the incoming Cabinet was appointed.
This event underscored the challenges and legal intricacies involved in the transition of power following Kenya’s adoption of a new constitution, which aimed to enhance governance and accountability
