PARLIAMENTARY and county position losers may jam the 22 member maximum Cabinet following a quiet amendment of the Harmonized draft constitution by members of the 10th parliament.
At the very top of those likely to benefit from this window created by the Parliamentary Select Committee on constitution in January 2010 are the “digital team” members Najib Balala and Charity Ngilu who lost their senate bids in Mombasa and Kitui respectively.
Others who may be lining up for cabinet appointments include former ministers and Uhuru allies Sam Ongeri, Musalia Mudavadi, Eugene Wamalwa. Chirau Makwere, Samuel Phogisio and Danson Mungatana among others.
Both the original draft constitution and harmonized draft by the Nzamba Kitonga-led Committee of Experts disallowed appointment of election losers to the cabinet.
The idea was to guard against the traditional habit of rewarding losers and cronies while upholding meritocracy which is the holding of power by people selected on the basis of their ability.
“Persons appointed shall be persons who (a) possess such skills or qualifications as are relevant to the ministry to which they are proposed to be appointed to and (b) must not have stood unsuccessfully for election to the National Assembly or to County Assembly at an election preceding the presentation,” reads the harmonized draft.
During the PSC's Naivasha retreat, parliament removed this particular clause and proposed that the only caveat be that Cabinet Secretaries shall not be appointed from parliament.
Consequently, Article 152(3) of the draft constitution which was adopted in the referendum says:
“A Cabinet Secretary shall not be a Member of Parliament.” Members of Parliament covers both the Senate and National Assembly membership. Cabinet Secretary nominees must however be appointed after approval of the National Assembly.
In their report, PSC did not indicate that they quashed the gag on election losers and requirement of merit. The committee only reported that it had recommended that:
“The Members of the Cabinet be appointed from outside Parliament by the President and approved by Parliament; If a Member of Parliament is appointed to the Cabinet he/she relinquishes seat.”
The draft constitution was endorsed by Kenyans in August 2010 referendum and later promulgated by the outgoing president Mwai Kibaki later in the same month. It is now the supreme law of the country.
Jubilee Coalition has more than 160 members in the national assembly. They can easily marshal the simple majority needed to approve Uhuru's cabinet.
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