Raila Odinga on Monday declared a dispute within the National Coalition Government and invited Chief Mediator Kofi Annan to step in and resolve it.
In a statement read by Deputy PM Musalia Mudavadi, the Orange Democratic Movement insisted that the PM had exclusive powers to suspend ministers, citing his role as coordinator and supervisor of government operations.
Here is the full statement:
Yesterday, Sunday February 14th, the Prime Minister of the Republic of Kenya, the Rt. Honourable Raila Amolo Odinga, ordered the suspension, with immediate effect, of the Minister for Agriculture, Hon. William Ruto, and the Minister for Basic Education, Hon. Samuel Ongeri, for a period of three months.
In making that decision, the Prime Minister exercised his constitutional powers under Section 15(a) of the Constitution of Kenya, and Section 4(1) of the National Accord and Reconciliation Act.
Kenyans are aware that two recent investigations: the forensic audit by the PriceWaterhouseCoopers (PwC) on the maize scandal, and the Report of the Internal Auditor General on Free Primary Education, have laid a foundation for the two ministers to be investigated.
After the Prime Minister issued his order, media reports indicated that His Excellency the President, Mwai Kibaki, also issued a contrary statement, purporting to quash the Prime Minister’s Order. Indeed, President Kibaki is reported to have stated that under both the Constitution and the National Accord, the Prime Minister has no power to appoint, discipline, suspend or fire a cabinet minister; even those that the Prime Minister had himself appointed in accordance with both the law and the power sharing agreement.
ODM wishes to categorically state that under both the Constitution and the National Accord, both the President and the Prime Minister are the Two Principals. The Grand Coalition Government was only formed pursuant to the National Accord signed on February 28th, 2008. The National Accord expressly stipulates that both Principals agreed to share power equally in order to bring peace to this country. Legally and constitutionally, neither the President nor the Prime Minister is superior to the other.
In announcing the suspension of the two Cabinet Ministers, the Prime Minister acted strictly in accordance with the law. Although the President’s statement alleges that the Prime Minister has “removed” the two ministers without consulting him and seeking his written “concurrence,” the law is clear: on matters of discipline, suspension or interdiction of public officials including cabinet Ministers, the Prime Minister has exclusive authority. The Prime Minister does not share that power or authority with the President.
We note with concern, however, that on Saturday February 13th, the President unilaterally purported to suspend for three months several senior government officers, including two in the Prime Minister’s Office who had earlier voluntarily stepped aside.
Contrary to the President’s statement, Section 4(5) of the National Accord and Reconciliation Act clearly states that:
“[T]he removal of any minister nominated by a Parliamentary party of the coalition shall be made only after prior consultation and concurrence in writing with the leader of that party.”
It is crystal clear that the section cited by the President only means that he cannot legally dismiss an ODM Minister without first obtaining written concurrence from the Prime Minister. Similarly, the Prime Minister cannot dismiss a PNU Minister without obtaining written concurrence of the President.
That is the law. No one can be permitted to twist those clear provisions of both the Constitution and the National Accord for narrow parochial political interests!
In view of the above, the Prime Minister as the leader of ODM has declared a dispute between the Coalition Partners and seeks the immediate intervention of the African Union, in particular the Office of the Eminent African Personalities chaired by His Excellency Dr. Kofi Annan, to convene a meeting to discuss the current crisis with a view to resolving it.
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This is bad.
ReplyDeleteAgriculture Minister William Ruto and his Education counterpart Sam Ongeri reported to work as usual a day after President Mwai Kibaki revoked their suspension by Prime Minister Raila Odinga.
ReplyDeleteRuto who spoke to reporters outside Kilimo House, said the Constitution provided that he reports to work and dispenses his duties as minister for Agriculture.
Prof Ongeri however declined to speak to journalists.
Agriculture Minister William Ruto Monday accused Prime Minister Raila Odinga of double standards in the war against corruption.
ReplyDeleteAddressing the press in Nairobi, Ruto claimed that Raila wanted to sacrifice him and shield corrupt officers in his office.
He further claimed that the PM is the one who pushed for a censure motion against him last year when the maize scandal came up.
He alleged that Raila was using other people to fight him politically.
Members of Parliament from Central Kenya say Prime Minister Raila Odinga overstepped his mandate by suspending Agriculture minister William Ruto and his Education counterpart Samuel Ongeri.
ReplyDeleteThe MPs maintained that the constitution mandates only the President to appoint and sack ministers.
Speaking at Parliament buildings, the MPs led by cabinet minister Beth Mugo accused the PM of playing populist politics for political mileage.
Instead they called Raila to himself take the lead and step aside since he chaired the committee that handled the importation of maize.
"Let the PM take responsibility for the maize scandal and resign. We support the President's position and the fight against graft which should be done within the constitution and the laws of Kenya" said the MPs.
They also want the then Minister of Finance John Michuki and then Trade Minister Amos Kimunya suspended over the scandal.
They are now calling on the Premier to adhere to the rule of law and stop playing politics in the fight against corruption.
The Kenyan shilling neared a seven-month low against the dollar on Monday due to jitters caused by disagreements in the coalition government over the fate of ministers briefly suspended over graft allegations.
ReplyDeletePrime Minister Raila Odinga has said he did not have to consult the President over the suspension of two government ministers.
ReplyDeleteIn an interview with the BBC Radio on Sunday night, the Prime Minister said he had acted within the law, since he was only “disciplining errant ministers.”
"I don’t have to consult him (President Kibaki)… I have not dismissed a minister, and that is where I need to consult the President, but just disciplining a minister who is errant, that I have the powers,” he told the radio.
He said the President had acted illegally by quashing the suspensions.
“The President actually cannot revoke my suspension…of ministers… because I’m the supervisor and coordinator of government functions. That is the constitution. That function I do not share with anybody.”
http://news.bbc.co.uk/2/hi/africa/8515941.stm
ReplyDeleteThe Kenya National Commission on Human Rights has defended Prime Minister Raila Odinga decision to suspend ministers William Ruto and Prof. Sam Ongeri.
ReplyDeleteKNCHR chairperson Florence Jaoko said the National Accord is not clear on the sharing of powers between the President and the Prime Minister and therefore interpretation depends on individuals.
Jaoko challenged ministers mentioned in scandals to take political responsibility and step aside for investigations.
Paul Muite says the Prime Minister and the President are required to consult each other on all government matters.
ReplyDeleteMuite says if the PM consulted the President before announcing the suspension, then he acted within the law.
Henry Kosgey has supported the move to have ministers and permanent secretaries whose ministries have been implicated in scandals to take political responsibility and step aside.
ReplyDeleteThe ODM minister said taking political responsibility was a common practice in mature democracies and that stepping aside did not imply guilt on the part of the top government officials.
He said investigations into the scams in the ministry of agriculture and the ministry of education could only be carried out satisfactorily when the top officials are out of office and if cleared they could take back their positions.
Esther Murugi has also challenged Cabinet colleagues adversely mentioned in corruption deals to step down and allow investigations leveled against them to be conducted.
ReplyDeleteSpeaking in Nyeri at the launch of the NEM Evangelism Ministry, Murugi said it was not right for Cabinet and Government officials mentioned in improper deals to continue holding office since the Government is committed to upholding integrity and transparency in conducting its affairs.