Debate over PM's power to suspend officials

Prime Minister Raila Odinga addresses a news conference on February 14, 2010, where he suspended Cabinet ministers William Ruto and Prof Sam Ongeri. Photo/WILLIAM OERI

Does the Prime Minister have the power to suspend or sack a minister or a permanent secretary?

Several lawyers and political commentators, reacting to PM Raila Odinga’s decision to suspend Agriculture minister William Ruto and his Education counterpart, Prof Sam Ongeri, said the move was bound to create a constitutional and political crisis.

While some argued that the move could be challenged on its constitutionality, others said the PM had the constitutional powers to suspend a Cabinet minister. However, they were in agreement that the action was morally right and went down well with the common person.

According to Dr Ben Sihanya, the Dean of the School of Law at the University of Nairobi, the National Accord says that the Prime Minister and the President share power on a 50-50 basis.

This should not be interpreted as limited only to portfolio balance but the actual exercise of those powers, he said, adding that the action showed that the PM was taking his supervisory duties seriously. “The Prime Minister has acted within the National Accord which gives him equal powers as the President,” he said.

Dr Sihanya explained that the enforceability of the PM’s directive would now be left to the administrative bureaucracy within the government. “Politically, Kenyans like the move, but the PM must understand that corruption fights back,” he said.

According to Mr John Mureithi Waiganjo, a city advocate, the President is the appointing authority and is also the only one who can fire ministers, their assistants, and PSs.

However, he says that this was not reflected clearly in the National Accord. “There is a constitutional lacuna which is causing these problems in the coalition, but the general understanding is that the President is the appointing authority,” he said.

However, he agrees that the ministers and all government officials named in the maize and free primary education funds scandals ought to have been fired. “If the President does not confirm the PM’s action, it will not only frustrate the PM but also the entire coalition.”

Mr Evans Monari, an LSK council member, said the action showed signs that the coalition was collapsing and warned that the country could be plunged into renewed chaos. “People will retreat into their tribal cocoons and incite violence such as what we experienced in 2008,” he said.

According to Mr Monari, PNU has been advising Prof Ongeri to stay put for fear of being weakened further. PNU recently lost Transport minister Chirau Ali Mwakere after the court nullified his election and Mr Monari argued that the party could not afford to lose another “trusted member”.

Prof Frank Matanga, a political scientist and lecturer at Masinde Muliro University, warned that whereas the PM quoted two sections of the constitution and the National Accord as guiding his action, he should be wary of other contending interpretations. He, too, was of the opinion that the coalition may not recover from this event.