NAIROBI, Kenya, Jul 1 – In a split decision, the High Court has upheld President William Ruto’s controversial reappointment of Cabinet Secretaries dismissed during the 2024 Cabinet shake-up, ruling that their removal from office did not render them ineligible for future appointment.

📻 Breaking It Down

In the majority judgment delivered on June 30, Justices Eric Ogola and Anthony Mrima found that President Ruto acted within the Constitution when he reappointed several former Cabinet Secretaries after dissolving his Cabinet in the wake of the anti-Finance Bill protests.

The two judges held that dismissal under Article 152(5)(b) of the Constitution is a political and administrative action that does not permanently disqualify a person from public office.

“A dismissal under Article 152(5)(b) of the Constitution is a political and administrative act. It does not amount to a permanent disqualification from public office unless it is founded on a violation of Chapter Six of the Constitution,” the majority judgment states.

📌 What You Need to Know

The court found that none of the Cabinet Secretaries who were reappointed had been removed for breaching the Constitution’s leadership and integrity provisions.

“None of the reappointed Cabinet Secretaries had been removed from office for violation of Chapter Six of the Constitution, and therefore their nomination and subsequent appointment did not contravene the Constitution,” the judges ruled.

The majority also rejected arguments that appointing opposition politicians to Cabinet undermined Kenya’s multi-party democracy, holding that the Constitution neither establishes an official opposition nor bars qualified members of opposition parties from serving in the Executive.

Justice Jairus Ngaah dissented, holding that President Ruto’s decision to reappoint ministers he had dismissed for poor performance was irrational and inconsistent with constitutional principles.

“The reappointment of the same individuals who had just been dismissed for ‘below par’ performance is irrational and inconsistent with the constitutional requirement of suitability for public office,” Justice Ngaah said in his dissent.

Justice Ngaah also disagreed with the majority’s finding on opposition appointments, arguing that appointing senior opposition politicians to Cabinet without a formal coalition arrangement undermined Kenya’s system of multi-party democracy.

📰 Source: Capital FM Kenya