THERE is confusion in government over an apparent delay by Joseph Nkaissery to resign as the MP for Kajiado Central in order to be formally appointed CS for Interior.
The National Assembly voted unanimously on Thursday to approve Nkaissery’s nomination to the Cabinet, paving the way for his appointment by the President.
However, the MP is yet to tender his resignation to the Speaker of the National Assembly. A source in government has told the Star that the three-term MP travelled to Jordan on Saturday on an unspecified mission.
There were indications that Nkaissery was part of a delegation that delivered a goodwill message to the authorities in Jordan from President Uhuru Kenyatta, but there was no independent confirmation of this.
“There is confusion in government over what the MP is up to, because he has yet to resign from his parliamentary seat,” one source told the Star yesterday.
“The President cannot formally appoint him because he is still an sitting MP. He cannot be appointed until he formally resigns.”
It was unclear why Nkaissery has yet to resign, and this development has delayed his formal appointment.
Attempts to contact the MP proved futile yesterday as his mobile phone remained switched off.
A source at Parliament told the Star that preparations for his formal appointment to the Cabinet and the swearing in ceremony at State House, Nairobi, have been put on hold until he returns. It was also unclear when he will return home.
Our source has also disclosed that President Kenyatta is waiting for the MP to resign to kickstart the process of his formal appointment to the Cabinet.
There have been questions about Nkaissery’s prolonged stay as an MP since President Kenyatta picked him to replace Joseph ole Lenku in the Interior docket.
Speaker of the National Assembly Justin Muturi had ruled that Nkaissery will only be required to quit his parliamentary seat once Parliament approves his nomination.
Muturi defended the nomination of the retired Major General, saying he is not required to resign just yet, as he is not a member of the Executive.
“The Kajiado Central MP has been nominated, but, as far as I am concerned, he is still an MP entitled to all the privileges and benefits of a Member, and, if and when he is confirmed, we can argue that this Member cannot be both in the Executive and the Legislature,” he said.
Gem MP Jakoyo Midiwo had asked Speaker Muturi to give direction on how the House would investigate Nkaissery’s suitability for office if he was still one of the sitting MPs.
The constitution provides that an MP can only resign his or her seat by writing to the Speaker.
The Speaker then issues the notice of such a resignation through the Kenya Gazette, informs the electoral body and then issues writs declaring a seat vacant.
