National Assembly Speaker Moses Wetangula on Monday, October 17, gave the final ruling whether the Prime Cabinet Secretary position is legal or illegal
Speaking during the vetting of Musalia Mudavadi for the position, Wetangula noted that the post was Constitutional and part of the 22 CSs the President was allowed to nominate.
He further observed that Mudavadi’s role would be governed by the rules adhered to by other Cabinet Secretaries
“President nominated 22 Cabinet Secretaries including the Prime Cabinet Secretary. In this regard, the office of the Prime Cabinet Secretary finds its Constitutional basis under article 152 (1) (d) of the Constitution and the nominee, if the approved, will be one of the Cabinet Secretaries,” stated
He further noted that, as per the Constitution, the President had the powers to designate a CS title and assign functions as they deem appropriate
In case of Mudavadi, President Ruto named his position, Prime CS, and assigned him the function of coordinating other Cabinet secretaries.
“The President assigned specific roles to the office of the Prime CS including coordinating and supervision of the Ministries and State departments.
It’s the prerogative powers of the President to designate the title and assign functions to a CS. To this end, the designation of Prime CS is not inconsistent with any provision of the Law and therefore the designation is properly, legally and Constitutionally grounded,” he ruled
However, legislators allied to former Prime Minister Raila Odinga’s Azimio la Umoja Coalition had vowed to oppose the creation of the slot arguing that it was illegal position
Ugunja Member of Parliament who is the holder of National Assembly Minority Leader termed the position of Prime Minister as alien to the Kenyan constitution
“Such position is alien to the Constitution. It is a position which is not known and therefore cannot be considered as part of the Cabinet when the vetting is taking place,” Wandayi stated.