Let’s face it, Uhuru and Muthaura didn’t resign

Let’s first get the basic facts right. Neither Finance Minister Uhuru Kenyatta, nor Head of Civil Service Francis Muthaura, has resigned from their offices.

They have rather “stepped aside”. “Stepping aside” is an oxymoron not known to Kenyan law.

Legally, both gentlemen are still the “substantive holders” of their offices.

Nor should anyone be fooled by President Mwai Kibaki’s appointment of Nairobi Metropolitan Minister Robinson Githae as “acting” Finance Minister and Internal Security PS Francis Kimemia as “acting” Head of Civil Service and Secretary to the Cabinet.

Substitution not disqualification

In football, President Kibaki has simply “substituted” Mr Githae for Mr Kenyatta and Mr Kimemia for Mr Muthaura.

Mr Kenyatta and Mr Muthaura can “still play” because a “substitution” isn’t a “disqualification”.

Mr Kenyatta and Mr Muthaura have supposedly been shown the “yellow card” and not the “red card”.

But, in fact, Mr Kenyatta’s card isn’t even “yellow”. Mr Kenyatta is still the sitting Deputy Prime Minister to whom Mr Githae, the “acting” Finance minister, will report.

Effectively, this means that Mr Githae will be nothing but Mr Kenyatta’s puppet. Semantics aside, Mr Kenyatta is still in charge.

Which begs the question: What’s Mr Kenyatta’s logic in “stepping aside” as Finance minister while stubbornly squatting in the Deputy Prime Minister’s office?

Isn’t that what we call a “distinction without a difference?”

Doesn’t Mr Kenyatta’s circumlocutous thinking utterly defy the logic and the essence of “resigning” from public office?

It’s an open secret that President Kibaki trusts Mr Muthaura and Mr Kenyatta more than any other two officials in the government.

You can also take this to the bank – I believe that Mr Kenyatta is Mr Kibaki’s preferred successor at State House.

It’s true that Mr Kibaki hasn’t officially named a successor. But don’t conflate the lack of a public endorsement with a refusal, or failure, to name a political scion.

That’s why Mr Kibaki can’t contemplate wholly “neutering” Mr Kenyatta by “fully” severing him from state power.

That would render Mr Kenyatta fully impotent in standing up against PM Raila Odinga in the presidential sweepstakes.