Nairobi, Kenya: Prime Minister Raila Odinga has dismissed calls by Head of Civil Service Francis Kimemia for elected cabinet ministers to resign and termed the move as unconstitutional.
In a statement, Raila said the Grand Coalition Government at the level of President, Prime Minister, Vice President and ministers will stand dissolved when the duly elected president takes the oath of office.
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 of Kenya and the National Accord Reconciliation Act.
“There are no provisions requiring Ministers to resign in the manner stated by the Head of Public Service through the Government Spokesman,” he said.
He said the purported directive on the matter from Kimemia had no constitutional or legal foundation, was misleading, inaccurate and should be disregarded.
Raila added: “For the avoidance of doubt, Grand Coalition Government is still intact and in place led by the President and the Prime Minister.”
He said the purported directive on this matter from Kimemia has no constitutional or legal foundation is misleading and inaccurate and should be disregarded.
Raila said Attorney-General Githu Muigai was correct in his interpretation.
The AG had stated that the President, the Prime Minister, Vice President, Cabinet Ministers and Assistant Ministers should remain in office until the assumption of office by a duly elected President and Cabinet Secretaries have been appointed.
Muigai said since the tenure of the President and the current Government has exceeded the term of five years, the President and the Cabinet, which includes the Prime Minister and the Vice President, were in office as a caretaker Government and are only exercising executive power during a temporary incumbency.
On Tuesday, Kimemia sent a circular ordering all ministers and assistant ministers elected in the March 4 polls to resign from cabinet immediately.
The circular stated that law does not allow a person to hold two State Offices.
