Raila seeks court’s help to solve row

Prime Minister Raila Odinga has proposed that the Supreme Court interprets the role of State officers in political parties.

His proposal comes as the dispute with the Commission for the Implementation of the Constitution (CIC) over Cabinet ministers still holding political party posts persisted.

At the closing session of the National Constitution Implementation conference on Wednesday, Mr Odinga said he had written to the commission proposing the Supreme Court’s interpretation.

The PM insisted that only appointed State officers were barred by the Constitution from holding political party positions as provided for in Article 77 (2), which states: “Any appointed State officer shall not hold office in a political party.”

Said Mr Odinga: “The operative word is ‘appointed’. It is therefore my understanding that an ‘elected’ State officer is not prohibited from holding an office in a political party.

“I have, however, suggested to the Commission in writing that this matter be submitted to the Supreme Court for interpretation (because) neither the President nor myself intends to subvert the Constitution.”

Mr Odinga’s position is supported by Attorney-General Amos Wako and Justice and Constitutional Affairs minister Mutula Kilonzo.

Relinquish portfolios

The CIC has been on the lead in asking Cabinet members holding party posts to relinquish either of the portfolios in the spirit of the new Constitution. (READ: Top Kenyan ministers to be stripped of party posts)

The Commission is charged with guiding and monitoring the implementation process.

In a letter addressed to Mr Ahmed Issack Hassan, the chairman of the Interim Independent Electoral Commission and dated June 17, 2011, Mr Wako says Article 77 (2) applies to appointed officers already in service and Cabinet Secretaries who will be appointed after the next General Election.

“The opinion provided by the Commission for the Implementation of the Constitution is not conclusive on the application of Article 77 (2) to the Cabinet ministers and assistant ministers,” the AG stated in the letter.

“The stronger argument and which I am inclined to is that Article 77 (2) was never meant to apply to the current Cabinet ministers and assistant ministers, who are both elected and appointed into office and whose tenure of office is preserved, as is, until after the next General Election.”