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Ruto’s allies read mischief in failure to appoint key official

Aden Duale

Garissa Township MP and Deputy President William Ruto ally Aden Duale. Dp Ruto’s camp demand assurances about the transfer of power after the August 9 General Election.

Photo credit: File | Nation Media Group

Deputy President William Ruto’s camp has demanded assurances about the transfer of power after the August 9 General Election as top officials tasked to plan the transition prepare to sit.

One of the key issues they want addressed is the immediate appointment of the Secretary to the Cabinet, a key post whose holder will chair a 22-member committee to plan the assumption of office of the next President.

With less than four months to the polls, DP Ruto’s lieutenants say President Kenyatta was pressed for time and should immediately name the office holder, a creation of Article 154 of the Constitution, and whose appointment should be approved by the National Assembly.

The holder is also in charge of arranging the business and keeping the minutes of the Cabinet, as well as conveying its decisions to the relevant authorities.

A member of the committee told the Nation that the team was expected to start their meetings once the presidential candidates are formally announced.

The electoral commission is expected to nominate candidates by June 6.

The committee first planned the 2013 transition when Mr Kenyatta took over from President Kibaki. Yesterday, Garissa Township MP Aden Duale said further delays by the President in naming the holder of the office may jeopardise the transition plans.

No other person, other than one nominated by the President and approved by the National Assembly, can hold the office, the former majority leader said.

“The challenge is that the National Assembly is on recess and resumes on May 9 and shall continue in session for only four weeks before it’s finally [adjourned with no appointed date of resumption]. There are only four weeks left for a Secretary to the Cabinet to be appointed.”

“If this is not done, the assumption processes for the President-elect may be jeopardised and negated with no leadership to govern the committee,” Mr Duale explained. His sentiments were echoed by United Democratic Alliance (UDA) chairperson Johnson Muthama.

“The President does not care and does not respect the laws of the land. He should respect the Constitution he swore to protect. He is compelled by the law to appoint the Secretary to the Cabinet,” said Mr Muthama.

Besides the Secretary to the Cabinet, other members of the 22-member Assumption of Office of President Committee are Attorney General Paul Kihara, Interior Cabinet Secretary Fred Matiang’i, Chief of Kenya Defence Forces Robert Kibochi, Director of National Intelligence Services Gen Philip Wachira Kameru and Chief Registrar of Judiciary Anne Amadi.

Others members of the committee are eight permanent secretaries, Inspector General of Police, Clerk of the National Assembly, and three persons nominated by the President-elect.

“A vacancy in the membership of the committee shall not affect the decisions of the committee. The quorum for the conduct of the business at a meeting of the committee shall be two thirds of all the members of the committee,” Section 5 (6 and 7) of the Act says.

The committee is tasked with facilitating the handing over process by the outgoing president to the president-elect and to organize the security of the president-elect.

It also coordinates the briefing of the President-elect by relevant public offices, and facilitates communication between the outgoing President and the President-elect.

Further, the committee is also tasked with the responsibility of preparing the handing over programme, which includes the details swearing-in ceremony.

The committee became operational when former President Mwai Kibaki signed it into law on August 27, 2012, five years after the disputed 2007 presidential elections.

The main aim of the committee, MPs said when they formulated the law, is to avoid chaotic scenes witnessed during the handover of power from Daniel Moi to Mwai Kibaki.

The Act provides that the swearing in of the President-elect takes place in the capital city, on a weekday which should be declared a public holiday and only happen between 10am and 2pm.

Last year, allies of the DP called on Dr Matiang’i, ICT Cabinet Secretary Joes Mucheru and Interior Principal Secretary Karanja Kibichio to resign from the National Multi-Agency Consultative Forum on Election Preparedness since they have stated publicly that they will support Orange Democratic Movement (ODM) leader Raila Odinga in the forthcoming polls.

DP Ruto’s presidential campaign director general Josphat Nanok argues that failure of appointing the Secretary to the Cabinet is one of the red flags that the August 9 General Election might not be free, fair and credible.