President William Ruto with former Defence Cabinet Secretary Aden Duale during the Kenya Air Force 60th Anniversary celebrations held on June 8, 2024, at the Moi Air Base.
President William Ruto surprised the nation on Tuesday when he swapped Ms Soipan Tuya and Mr Aden Duale as nominees for Cabinet Secretary for Defence and Cabinet Secretary for Environment, Climate Change and Forestry, respectively.
He did this in a note to the National Assembly seeking parliamentary approval for the first 11 nominees he named last week. At the same time, the President omitted the name of Attorney-General nominee Rebecca Miano from the list he forwarded to Parliament for vetting, but it was not immediately clear why her name was omitted.
While nominating his half of the Cabinet secretaries on Friday, President Ruto had named Mr Duale as Defence CS while Ms Tuya was the nominee for Environment, Climate Change and Forestry.
But barely four days after their nominations, the President pulled a surprise move that sources linked to the workings of the Defence Ministry. The generals are said to have been uncomfortable with his ‘overbearing character.'
When asked if he was moved because of his strong personality, Mr Duale curtly replied: "that is not the reason" without giving any further information.
'Vocal, assertive and overbearing'
Those who have held the position in the past have been largely ceremonial. But Mr Duale is seen as vocal, assertive and overbearing, a trait that may have unsettled operatives at the DoD.
Mr Duale took over from DAP-K party leader Eugene Wamalwa, who served between September 2021 and October 2022. Others who have served in the ministry include Monica Juma, who served between January 2020 and September 2021, and Raychelle Omamo, who served for seven years between May 2013 and January 2020. Ms Tuya could become the third woman to hold the Defence portfolio under the 2010 Constitution.
In the communication sent to MPs by Speaker Moses Wetang'ula on Tuesday afternoon, the docket was swapped, leaving many MPs shocked and wondering if they had been given the right message by the Head of State.
"I hereby refer the President's message to the Appointments Committee along with the CVs of the nominees to the Appointments Committee," Speaker Wetang'ula told the House.
MPs taken by surprise
The communication, which took the House by surprise, prompted lawmakers to shout and ask the Speaker to repeat himself.
"We really doubt if this is the real information. I want to tell my colleagues that this time the screening of these nominees will not be business as usual, this time if somebody is not fit and has no capacity, we will throw him out Mr Speaker," said Junet Mohamed, the Minority Whip.
Tiaty MP William Kamket said: "Although what you have read is contrary to what the President had announced, I want you to confirm that what you have read is what was communicated by the President. While the bar must be set high for anyone appointed to the CS, one can't expect the President to appoint angels in Cabinet," Mr Kamket said.
Mr Duale, however, took the swap in stride, based on a post he made on his X social media account shortly after the communication, where he said he was grateful to the President for the reassignment.
The former fiery National Assembly Majority Leader invoked the name of Allah (Quran 2:216) when he was thrown out of the lucrative military barracks into the forest, saying that what may look like something bad may actually turn out to be good.
Mr Duale will now go before the Appointments Committee, chaired by Mr Wetang'ula, for vetting as stipulated in Article 152 (2) of the Constitution.
"The President shall nominate and, with the approval of the National Assembly, appoint Cabinet Secretaries," the law states.
The committee now has 28 days to vet the nominees and submit a report to Parliament for consideration.
Backdrop of protests
The vetting comes at a time when MPs are facing a hostile youth-led protests. Youths have vowed to recall all those who voted in favour of the Finance Bill, accusing them of failing to represent the interest of the people.
The scrutiny of the CS by MPs in the same term of Parliament now gives the lawmakers an opportunity to redeem themselves after the invasion and accusations of being an appendage of the executive.
In order to make the exercise as open as possible, there are plans to relax the restrictions and conditions placed on the memoranda that will be submitted to Parliament through the Clerk's Office to the various nominees.
Section 6 (9) of the Public Appointments (Parliamentary Approval) Act, 2021 provides that "any person may, prior to the approval hearings and by written statement on oath, provide the Clerk with evidence to dispute the suitability of a nominee to hold the office for which the nominee has been nominated.
Article 118 of the Constitution provides that Parliament shall facilitate public participation and involvement in the legislative and other business of Parliament and its committees.
Section 6 (4) of the Act further provides that the Clerk shall notify the public of the time and place of the holding of a confirmation hearing at least seven days before the hearing.
Under the plan, those reappointed to the new cabinet will also face tough questions about their tenure in the dissolved cabinet.
