Energy and Petroleum Cabinet Secretary Opiyo Wandayi's official vehicle at Kisumu International Airport on August 16, 2024.
It was a spectacle. Immediately after each of the 19 Cabinet Secretaries was sworn in at State House, Nairobi, their vehicles were fitted with a miniature flag, and immediately after the ceremony, went about after celebrations in their homes, signalling a new status: An exclusive club of Kenya’s top policy decision making organ.
The 2010 constitution was designed to take excess powers from the presidency by having a separation of power between the three arms of government – the Executive, Legislature and the Judiciary – on top of creating county governments to take away some powers and resources to the grassroots.
But the decision by the immediate former National Assembly Minority Leader Opiyo Wandayi to resign from his secure elective Parliamentary seat and equally powerful position of Minority Leader to join the Cabinet, points to the allure of elevated influence and power in serving in the Executive.
Mr Wandayi (Energy and Petroleum Cabinet Secretary), National Treasury CS John Mbadi, Kipchumba Murkomen (Sports and Youth Affairs but previously Transport), Aden Duale (Environment but previously Defence), Alice Wahome (Lands and Housing), and former CS Charles Keter (Energy and later Devolution in the Uhuru Kenyatta administration), are some of politicians who have in recent years resigned from their more secure parliamentary seats and took a risk of taking up an appointive position.
Interviews with individuals who have been in positions of power, including a former Cabinet Secretary, revealed that there is more to the position than just the provided perks and privileges—which are, even just on their own, substantive.
Traffic jams
Being in the country’s top decision-making organ – the Cabinet – is said to attract a lot of benefits, informally.
The VIP treatments at various facilities, including airports, clearing of traffic jams and security are some of the fringe benefits that come with being in the Cabinet.
The resources, including parastatals, under their control has also made being a minister lucrative.
“The biggest incentives could be the benefits that are informal,” says constitutional lawyer Bobby Mkangi. He gave examples of wealth declaration by some of the CSs reappointed by President Ruto. Some of the CSs have made in excess of Sh100 million within less than two years in office.
Power
“The telltale signs were seen during the vetting. The millions those re-appointed were able to accrue in less than two years. There is also the power and influence that they attract and wield,” says Mr Mkangi, who was among the team of experts behind the 2010 Constitution. .
He says the country is still beholden to the past when news bulletins were all about the president or this Cabinet minister and the other, noting that despite branding of the post as “Cabinet Secretary” in the 2010 Constitution, not much has changed.
“There is what is written on paper and there is what is practiced. Power has a lot to do with practice. People in Kenya still believe that being a minister is very important, perhaps more important than being a governor. But I disagree with this because when I was a governor, I was my own boss with a free hand to hire and fire. We have a culture that we are yet to overcome. The culture is based on the assumption that ministers have control over huge resources,” says former Laikipia Governor Ndiritu Muriithi.
Legally capping the number at 22 and the expectation that technocrats would be appointed—something observed more in the breach since 2013, has made the position more high-profile. Previously Presidents had a free hand in appointing ministers and their assistants from MPs.
“Historically, ministers were senior to MPs because you had to be an MP before you could be a minister. It is the feeling that ministers have free hands over huge resources and hiring in parastatals that make the positions attractive,” says Mr Muriithi, who served as an Assistant Minister in President Mwai Kibaki’s administration.
He, however, notes that some of the beliefs on the powers of a minister are based on the old constitution. He says the fact that several Cabinet Secretaries resigned in the run-up to the last election shows that being a governor is still seen to be more powerful.
Privilege
But there have been instances of a standoff between governors and ministers over who is senior to the other and should speak last in joint functions. Siaya Governor and former ICT Cabinet Secretary Eliud Owalo had once been caught in such a fight during a function in the county.
An immediate former CS who sought anonymity so as to freely discuss the matter, says it is a privilege to sit in the country’s top decision-making organ.
He, however, suggested that President Ruto’s hands-on style of leadership has eroded the influence a Cabinet Secretary enjoys, especially when it comes to making crucial decisions affected the ministry.
The former CS claimed most of the decisions in running ministries were largely coming from the top.
“They (new Cabinet secretaries) will realise soon that the government is run from elsewhere. There exist two levels: one below them and another from above. The biggest obstacle is the reality of the work that awaits them. There is also a freeze in hiring, so some of them may not enjoy the trappings that come with being a minister,” says the former CS.
On Friday, Mr Wandayi was given a rousing welcome by his supporters in Ugunja during a thanksgiving ceremony following his appointment to the Cabinet by President Ruto.
He made several stop overs and addressed supporters at Sidindi, Ugunja and Sigomere where he thanked both the President and ODM leader Raila Odinga for the appointment.
"I have seen that the people of Ugunja, Siaya and Nyanza have shown their support for the broad-based government steered by Mr Ruto and Mr Odinga. Let's support this government that has accommodated the opposition," said Mr Wandayi.
Alego Usonga MP Samuel Atandi who accompanied Mr Wandayi alongside other leaders, including Interior Principal Secretary Raymond Omollo said the region is now part of the government, lending credence to the long held feeling that only those in the Cabinet have opportunity in sharing of the national cake.
"The government is bad when you are not part of it and that is why we were hard on Ruto. When our people are there we have to support them now that we are in government. You will see what governance through experts can produce, “said Mr Atandi.
The importance of flying a ministerial flag was also captured when staff in Mr Mbadi’s parliamentary office broke into song and dance when he was named by the President. The team of about five staff and Mr Mbadi celebrated before holding prayers.
There were similar celebrations by Mining CS Hassan Joho (Mombasa) and Co-operative and SMEs Wycliffe Oparanya. Mr Oparanya, who has previously served as Cabinet Minister and governor, was received by Isikuti dancers at his Nairobi home while Mr Joho hosted nearly all elected Coast leaders to celebrate his appointment.
Youth-led protests
The influence that comes with the position was also witnessed during the youth-led protests dubbed Nane Nane (August 8) when youths from regions the newly appointed CSs hail from.
Youth from the Coast region, for instance, stayed away from the streets in Mombasa, Kilifi and Kwale areas with majority saying picking of Mr Joho and Salim Mvurya was a good gesture for the region.
“We are happy with the swearing in of Mr Joho this morning, we shall use different avenues to seek for a bigger cake in the government. But with Joho we know we can have more,” said Salima Hussein, a Mombasa resident.
“We’ve decided that instead of protesting, we join hands in celebrating the swearing-in of Hassan Ali Joho as Mining, Blue Economy and Fisheries CS. He’s from the Coast. He’s also a performer. We believe his inclusion to President William Ruto’s Cabinet will give impetus to the Kenya Kwanza administration to deliver on its pledges,” said Mohamed Omar, a renowned Gen Z protester in Lamu Old Town.
Prof David Monda, a university lecturer and political analyst says the position comes with significant social and financial prestige.
“Ethno-regional notables: Since independence, cabinet positions have been seen as an opportunity for the president to advance equity nationally by balancing slots in cabinet across the country. This makes cabinet appointments very lucrative,” says Prof Monda.
“For individual politicians, it gives them influence and stature in their region,” he adds.
In terms of salaries and perks, a CS is entitled to a monthly salary of Sh924, 000.
According to the Salaries and Remuneration Commission (SRC), a CS is officially eligible for a basic salary of Sh554,400, a house allowance of Sh200,000, and a market adjustment of Sh169,600. This translates to a gross salary of Sh924, 000. A CS is also entitled to an official state car with a maximum engine capacity of 3000cc. CSs also have chase cars to help in clearing traffic.
They also enjoy medical covers that are extended to up to four children under the age of 25. They are entitled to an inpatient cover of Sh10 million, Sh300,000 for outpatient, maternity (Sh150,000), dental (Sh75,000) and Optical cover of Sh75,000.
State officers are also eligible for a Sh10 million car loan and a Sh40 million mortgage. They also receive a monthly Airtime benefit of up to Sh20,000.
They are also provided with a security team as advised by the Inspector-General of Police.
Further, they are entitled to an annual leave paid at the rate of Sh50,000 per annum. Their retirement benefits provide that they are eligible to service gratuity at the rate of 31 per cent of annual pensionable emoluments.
According to the constitution, Cabinet Secretaries are primarily responsible for leading and managing ministries and are all answerable to the president.
