Head of State ‘retains power to suspend’

Attorney General Amos Wako on Monday said President Kibaki retained the power to appoint and discipline Cabinet ministers.

But this should be done in consultation with Prime Minister Raila Odinga, according to the National Accord and Reconciliation Act.

Mr Wako said the Act did not give the Prime Minister powers to suspend Cabinet ministers, although President Kibaki could decide to delegate such authority to Mr Odinga.

Mr Wako warned that continued friction between coalition partners ODM and PNU could be disastrous for the country, precipitating a constitutional crisis, with the collapse of the government, early elections, and stalled constitutional and electoral reforms as some of the consequences.

In a statement, the AG said the law gives the President, as the appointing authority, the powers to suspend ministers.

“By law, the power to appoint, unless otherwise expressly stated, includes the power by the appointing authority to exercise disciplinary control over the person so appointed, including removing, suspending, dismissing, or revoking such a person from office,” he said.

Mr Wako maintained that the duties conferred upon the Prime Minister to supervise and coordinate the functions of government did not give the holder of the office the power to suspend ministers.

The PM, he said, could only take such action after consultations with the President or if such powers were delegated to him by the President.

Consultation

“The power to “suspend” therefore under the current Constitution as modified by the Act, can only come after “full consultation”. The authority “to coordinate and supervise” does not of itself confer a power to suspend,” read the statement.

Mr Wako insisted that his was a legal opinion and did not include political accountability.

Mr Wako’s statement appeared to support President Kibaki’s move to reverse Mr Odinga’s orders suspending Agriculture minister William Ruto and his education counterpart, Prof Sam Ongeri.