Prime Cabinet Secretary and Cabinet Secretary for Foreign and Diaspora Affairs, Musalia Mudavadi, has moved to clarify Kenya’s recent nomination of a Consul-General to Goma in the Democratic Republic of Congo (DRC). The clarification follows concerns raised by Congolese authorities over what they termed a lack of prior consultations in the appointment process.

On August 15, 2025, President William Ruto had recently nominated and redeployed ambassadors, high commissioners, consul generals, and deputy heads of mission to twenty positions globally.

Among these was the posting of a consul general to Goma, DRC. The announcement, however, drew a prompt response from the Ministry of Foreign Affairs, International Cooperation, and Francophonie of the DRC, which formally expressed unease over the appointment, pointing to the absence of consultations.

According to the clarification issued by Mudavadi while responding to Congolese authorities, the nomination by the president does not automatically translate into a diplomatic posting.

Mudavadi has noted that Kenya’s constitutional framework, together with international diplomatic practice, requires that after parliamentary approval of the nominee, the government must seek agrément, formal acceptance from the host country.

 In the case of Goma, the process further requires the issuance of an exequatur by the Congolese authorities before the Consul-General can assume official duties.

Constitutional framework for the same

The CS further went ahead, citing a constitutional backing, stating that the president’s authority to make such nominations is grounded in Article 132(2) of the Constitution, which empowers the head of state to nominate and, with the approval of the National Assembly, appoint ambassadors, high commissioners, and other diplomatic or consular representatives. The same provision also grants the president the power to dismiss these officers when necessary.

“But most significantly, the presidential nomination does not in itself constitute a diplomatic posting. In line with the Constitution of Kenya and diplomatic practice and protocol, once the nominee receives parliamentary approval, Kenya shall formally request agrément or acceptance by the applicable host states, including the DRC, before diplomatic posting,” Musalia stated

Submission of the appointees’ list to parliament

Mudavadi further confirmed that the president has already submitted the list of nominees to the National Assembly for vetting and approval. The process is being conducted under the Constitution and the Public Appointments (Parliamentary Approval) Act, ensuring that all procedures adhere to established legal and democratic standards.

“The President of Kenya has duly submitted the applicable nominations to the National Assembly for consideration and approval in accordance with the Constitution and the Public Appointments (Parliamentary Approval) Act,” he added

According to Mudavadi, the process is still in the pipeline, and Congolese authorities have made premature conclusions when the process itself is not yet complete and are now awaiting to be vetted by the parliament.