Deputy prime minister Uhuru Kenyatta. Photo/FILE
By MUGUMO MUNENE mmunene@ke.nationmedia.com
Posted Saturday, April 7 2012 at 22:30
Posted Saturday, April 7 2012 at 22:30
The recent ministerial changes could upset tranquillity in the Grand Coalition government with the Orange Democratic Party protesting that the reshuffle has skewed the Cabinet in favour of PNU.
Lands minister James Orengo said the retention of Deputy Prime Minister Uhuru Kenyatta in the Cabinet in addition to the appointment of MPs Jamleck Kamau and Eugene Wamalwa was biased against ODM.
He said that in effect PNU now has 21 members of Cabinet after separating the deputy prime minister’s position from Finance. and ODM still has 20 positions.
“The National Accord and the Constitution have been violated,” Mr Orengo said.
The National Accord and Reconciliation Act 2008 provides that the composition of the coalition government will at all times take into account the principle of portfolio balance and will reflect the relative parliamentary strength.
It further provides that the Prime Minister and Deputy Prime Ministers can only be removed if the National Assembly passes a motion of no confidence with a majority vote. It was on this basis that after his ICC case was confirmed in January Mr Kenyatta resigned his Finance docket but stayed on as DPM.
If the National Accord is interpreted in line with Mr Orengo’s legal opinion the number of ministers from both PNU and ODM would be dead equal. But since the number of ministries on either side remains the same, PNU exploited the opportunity where the DPM was holding a Cabinet portfolio and created a new job.
Were ODM to follow the same path, they would have to appoint a new minister to take over Local Government and leave Mr Mudavadi only as DPM.
On Saturday, Mr Orengo said the arrangement was the latest of the imbalances he says PNU has committed against ODM since the formation of the Grand Coalition Government in 2008, and it was time Mr Kenyatta left office.
According to Mr Orengo, PNU holds all the key ministerial dockets and cited Internal Security, Defence, Finance and Foreign Affairs, a situation he says should have been reviewed in July 2008 but was not. He also says that ODM expected to be invited to the appointment of PSs but that did not happen.
“Raila actually bent over backwards. According to Kriegler, it was impossible, practically or legally, to tell who won the elections. It was the National Accord that gave the positions of President and Prime Minister legitimacy,” Mr Orengo said.
According to the Lands minister, the consultations on the recent reshuffle were “last minute” and some were “conducted on the phone” and it passed the Prime Minister that PNU was getting a better deal. Mr Orengo said that Mr Kenyatta should resign as Deputy PM.
“If the chapter on integrity would come into play, the DPM (Uhuru Kenyatta) would not stand legitimately as a member of Cabinet. Since everybody has been stepping aside, he should step aside,” Mr Orengo said. He said his argument relied on Chapter Six of the Constitution and the Public Officers Ethics Act.
Mr Orengo said that Cabinet minister Mutula Kilonzo was transferred from the Justice ministry to Education because of his interpretation of the law.
Mr Kilonzo is of the view that Mr Kenyatta should step aside and cannot run for the presidency while he faces crimes against humanity charges at The Hague.
“You cannot be accused of crimes against humanity and seek to lead the same humanity,” Mr Kilonzo said while Justice minister.
His replacement at the Justice ministry, Saboti MP Eugene Wamalwa, has taken a different tone and said that those accused of crimes against humanity are innocent until proved guilty.
But on Saturday Mr Kenyatta stood his ground and said he would not budge.
“Anybody who has ears has heard what DPM Uhuru Kenyatta has said. If you want him to leave the DPM’s position bring the motion to Parliament. Surely Orengo heard that. The Deputy PM has a ringing answer to Orengo: ‘I won’t quit. Let’s meet in Parliament’,” said Mr Kenyatta’s spokesman Munyori Buku.
He claimed that the new twist on Cabinet appointments was ODM’s way of diverting attention from their internal party debate on presidential nomination that pits the PM against his deputy, Mr Musalia Mudavadi.
“The diversion about Cabinet changes is not going to help ODM from self-inflicted wounds of dictatorship. Let them solve the ODM nominations issue. The Cabinet is appointed by the President in consultation with the PM,” he said.
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