Smarting from his latest legal blow after the courts nullified his Finance Act, 2023, President William Ruto on Thursday swore in 19 Cabinet Secretaries, with close to a half of them being lawyers.
Of the CSs sworn in the newly reconstituted Cabinet, eight hold Masters and Degrees in Law. Attorney General nominee Dorcas Oduor and Secretary to the Cabinet Ms Mercy Wanjau are also lawyers, bringing the total number of lawyers in President Ruto’s new Cabinet to 10.
His picks are seen as a response to several major legal setbacks that his administration has suffered in the close to two years since he assumed office. Some of the decisions that have been declared unconstitutional or pending before courts were policies approved at the Cabinet level.
From the nullification of Finance Act, 2023, to blocking of the appointment of Chief Administrative Secretaries (CAS), to quashing of his new Universal Health Coverage (UHC) programme, to removing people appointed to various offices.
The cases have been numerous and pointed to a possible loophole in provision of sound legal advice to the President by the Cabinet Secretaries, who are his chief advisors for their various dockets.
Further, when the President appointed the Presidential Task Force on Human Resources for Health, several pressure groups rushed to court arguing that the body was unconstitutional.
In another gazette notice dated July 5, Dr Ruto appointed a taskforce to audit the public debt. It was, however, blocked pending hearing of a petition challenging its establishment. Law Society of Kenya (LSK) Faith Odhiambo, who was named as a member of the task force, rejected the appointment, saying the team selected was usurping the role of the Auditor General.
Several petitions challenging the Affordable Housing Act are pending before the High Court. Although a three-judge bench declined to suspend the collection of the levy, the court agreed that the issues raised by the petitions were weighty.
International Law
Lawyers in the Cabinet include Interior CS Prof Kithure Kindiki, Alice Wahome (Lands, Public Works, Housing and Urban Development), Opiyo Wandayi (Energy and Petroleum), Julius Ogamba (Education), Roselinda Tuya (Defence), Rebecca Miano (Tourism), Kipchumba Murkomen (Sports and Youth Affairs) and Justin Muturi (Public Service and Human Capital Development).
Prof Kindiki holds a Doctor of Philosophy (PhD) degree in International Law and Masters of Laws (LL.M) degree from the University of Pretoria. He also possesses a Bachelor of Laws (LL.B) degree from Moi University while Ms Wahome holds a Bachelor of Laws (LLB) degree from the University of Nairobi and Diploma in Legal Studies from the Kenya School of Law.
Mr Ogamba holds a Bachelor of Laws degree from the University of Nairobi and a post-graduate Diploma from the Kenya School of Law while Ms Tuya holds a Master of Law Degree (LL.M) in Sustainable International Development from University of Washington and Bachelor’s Degree in Law from the University of Nairobi.
Ms Miano, who was first nominated to take up the Attorney General slot before being switched to Tourism, holds a Master of Laws degree from the University of Salford, Manchester United Kingdom and a Bachelor of Laws (LLB) degree from the University of Nairobi.
Mr Wandayi, the immediate former National Assembly Minority Leader, apart from holding a Master’s in Business Administration from Jomo Kenyatta University of Agriculture and Technology, also holds Bachelor of Law Degree from Daystar University.
Similarly, Mr Murkomen holds a Master of Laws (LLM) degree from both American University’s Washington College of Law and the University of Pretoria, South Africa and a Bachelor of Laws (LLB) from the University of Nairobi while Mr Muturi holds a Bachelors of Laws Degree from the University of Nairobi and a post-graduate diploma from the Kenya School of Law.
In his address at State House during the swearing-in ceremony, President Ruto reiterated his determination “to make full use of the opportunities within our legal and institutional structures and systems to consult and collaborate with national justice, law, and order institutions with a view to promoting their efficacy in expeditiously and conclusively investigating all active cases within a specific timeframe.”
“During the past month, I have made an effort to keep my promise to engage in extensive consultations with leaders from diverse sectors, both public and private, with a view to constituting a broad-based government, powered by an inclusive bipartisanship that will accelerate and turbocharge the radical transformation of our economy and country,” said the President.
Last year while his CSs were signing performance contracts, President Ruto scolded some CSs and Principal Secretaries (PSs) for being clueless about their mandates.
“I call many PSs and ask them what is going on here and they have no clue and this is your department, that is the job that you have; you are not a messenger, you are not a security person, you are not a photographer, you are not a watchman,” he said.
