Kibaki overrules PM over ministers' suspension

President Kibaki has overruled the suspension of two ministers by Prime Minister Raila Odinga over graft allegations, saying there has not been any consultation on the matter.

The President said the legal provisions on which the PM acted did not give him the power to dismiss a minister from his office.

"Therefore constitutionally, the two ministers remain in office." the President said in a statement sent from State House.

"There has been no consultation between H.E. the President and the Rt. Hon. Prime Minister on the suspension of Hon. William Ruto, Minister for Agriculture and Hon. Prof. Sam Ongeri, Minister for Education, as announced by the Rt. Hon. Prime Minister today at a Press Conference." he said.

And so as not be seen undermining the war against corruption, the President said the action should not be interpreted as such, noting that graft "will be successfully fought when we do so in accordance with the constitution and the due process of law."

The move by President Kibaki puts him on a direct collision with the Prime Minister. The PM had at a Press conference earlier on Sunday said he had suspended the two ministers for three months to allow for investigations into separate corruption scandals..

However, the ministers dismissed the suspension, saying they had not received any communication from the appointing authority, referring to President Kibaki.

Some protestors were reported to have taken to the streets in Eldoret and other towns in Rift Valley Province after the Prime Ministers statement.

While suspending the ministers, the PM quoted a section of the National Accord which gave him the authority to suspend the ministers.

“In exercise of the authority vested in the Prime Minister in accordance with the provisions of section 15 (a) of the constitution, and section 4 (1) of the National Accord and Reconciliation Act, which confer on me also the authority to supervise the execution of the functions and affairs of the government, including ministries, I am hereby suspending with immediate effect the following ministers for a period of three months: Honourable William Ruto, Minister for Agriculture and Honourable Samuel Ongeri Minister for Education."

According to the Prime Minister, this was done after the reports by PricewaterhouseCoopers and Internal Auditor General on Free Primary Education which "laid credible foundations for the two ministers to be investigated."

He said it was important for the two to 'step aside' to allow the government to conduct independent and comprehensive investigations. He said the investigations would determine if there was need for them to be prosecuted.