Why Big Two can’t sack ministers

• Coalition deal and 2012 seen as making it hard for principals to discipline ministers
• Protective clause in Peace Accord and 2012 politics make Kibaki and Raila reluctant to get rid of errant and wayward members of their Cabinet

The controversy raised by calls for the sacking of Education minister Prof Sam Ongeri has brought into sharp focus the failure of President Kibaki and Prime Minister Raila Odinga to enforce discipline in Cabinet.

The seeming reluctance by the two principals to sack wayward ministers has been blamed on the ambiguous framing of the National Accord, political calculations ahead of the 2012 elections and the delicate ethnic balance in the coalition Cabinet which was formed following the divisive 2007 presidential election.

President Kibaki’s laid-back leadership style has also been put into question because he has not publicly shown concern about the performance of any of his ministers since he was elected in 2002.

Apart from Prof Ongeri who is being taken to task over the disappearance of millions of shillings meant for the free primary education programme, at least 14 other ministers have come under pressure to step down for a range of reasons including suspicion of involvement in corruption, management failures in their ministries or actions of junior officials in departments in which they bear ultimate responsibility.

Only Trade minister Amos Kimunya briefly left his Finance post under public pressure during the life of the grand coalition but he returned to Cabinet a few months later.  

Much of the blame for the principals’ inability to sack ministers has been blamed on Clause 5 of the National Accord which sets strict conditions for the sacking of a minister.

It states: “The removal of any minister nominated by a Parliamentary party of the Coalition shall be made only after prior consultation and concurrence in writing of the leader of that party.”

Political analyst Prof Macharia Munene says the provision makes it difficult to sack a member of the Cabinet, because of the complex political calculations at play.

“It was designed to ensure stability and make sure people on either side don’t cause trouble (by sacking rivals),” he said.

Prof Munene blamed the paralysis in government on the fact that the coalition was formed at a time of crisis and “incorporated even bad people”.

The clause on firing of ministers implies both President Kibaki and Prime Minister Odinga must agree on the sacking.

With allies of both men plotting for 2012, it is unlikely that they can sack a minister who may prove useful at elections.

The complexity of the removal procedure means that ministers such as William Ruto and Najib Balala have retained their Cabinet positions despite being openly at loggerheads with Mr Odinga, the leader of their ODM party.

Apparently, Mr Odinga cannot succeed in removing the two because they have lately allied themselves to Finance minister Uhuru Kenyatta.

Mr Kenyatta, who is believed to be eyeing the presidency in 2012, is said to have the President’s ear on most matters and it is unlikely he would be enthusiastic about the sacking of the two ministers.