Lawyer Nelson Havi has stated that the appointments of the Cabinet Secretaries that were reappointed by President William Ruto will be null and void if they do not undergo National Assembly vetting.

Taking to his official X account on Monday, July 22, 2024, Havi said that all CSs appointed to office must be approved by the National Assembly through vetting.

Havi on constitution

The former Law Society of Kenya (LSK) president pointed out that the Constitution of Kenya does not talk about reappointment after dismissal, thus the need for vetting.

“The CSs appointed to office (there is nothing like re-appointment after dismissal) must be approved by the National Assembly in accordance with Article 132(2)(a) of the Constitution of Kenya. If not subject to approval, the appointments will be null and void ab initio,” Havi stated.

The CSs appointed to office (there is nothing like re-appointment after dismissal) must be approved by the National Assembly in accordance with Article 132 (2) (a) of The Constitution of Kenya. If not subject to approval, the appointments will be null and void ab initio.

— Nelson Havi (@NelsonHavi) July 22, 2024

Havi further indicated that President William Ruto might have been wrong while dismissing his Cabinet Secretaries, as the same might require the approval of the parliament.

“Speaking of which, if appointments under Article 132(2) require approval of the National Assembly, would the dismissals not also require similar approval? The framers of the Constitution of Kenya drafted a perfect document. The problem is in want of reading and/or circumventing,” Havi said in a statement posted on his official X account.

Speaking of which, if appointments under Article 132 (2) require approval of the National Assembly, would the dismissals not also require similar approval? The frames of The Constitution of Kenya drafted a perfect document. The problem is in want of reading and/or circumventing. pic.twitter.com/iOLTlL9HM6

— Nelson Havi (@NelsonHavi) July 22, 2024

 

Havi’s remarks come hours after South Mugirango Member of Parliament (MP) Sylvanus Osoro, who is the National Assembly Majority Whip, had said the reappointed CSs do not need to be vetted again.

Osoro’s stance on vetting

In a statement shared via his X account on Monday, July 22, 2024, Osoro said an earlier decision by former Speaker of the National Assembly Justin Muturi dictates that only new cabinet appointees will be subjected to vetting.

“The re-appointed CSs do not need to be vetted again, going by JB Muturi’s jurisprudence. They assume office forthwith. For the new ones, the public is invited to submit their reservations with evidence before the National Assembly,” Osoro stated.

Osoro has, however, issued a new statement, admitting that he was wrong in his previous stance.

“I was wrong on vetting. Just finished reading Justice AC Mirima’s judgment that repudiated JB Muturi’s ruling. All CS nominees will be vetted afresh. Submit your reservations to the National Assembly. Apologies for not reading before writing. Now, read also on ways to send Ruto home. Read!” Osoro stated.

I was WRONG on vetting.Just finished reading Justice AC MRIMA's judgement that repudiated JB Muturi's ruling. ALL CS nominees will be vetted afresh. Submit your reservations to the N/A. APOLOGIES for NOT reading before writing. Now, read also on ways to send RUTO home. READ!! pic.twitter.com/9cIbDYAU6K

— Silvanus Osoro (@OsoroSylvanus) July 22, 2024

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