Former Public Service Cabinet Secretary Moses Kuria on Thursday disagreed with arguments that President William Ruto should not reappoint any members of the cabinet he dismissed on Thursday, July 11.
The arguments against reappointment were put forward by former Law Society of Kenya (LSK) presidents Ahmednasir Abdullahi and Nelson Havi.
Moses Kuria remarked that this was wrong as they had not been subjected to any disciplinary process before the abrupt dismissal.
“As lawyers of (dis)repute, you need to read whatever provisions against the tenets of fair administrative action,” he told the former LSK presidents.
“If your scholarly arguments are to hold water, the affected persons then have to be taken through a disciplinary process or a court martial. Not a class action.”
Havi had argued that dismissal from the Office of the Cabinet Secretaries made the former CSs ineligible to hold any public office forever whether appointive or elective.
According to the lawyer, the former cabinet secretaries belonged to the same category as impeached governors or judges who had been found unsuitable to serve.
In support, Lawyer Ahmednasir remarked that Ruto by dismissing Moses Kuria and his colleagues, was satisfied that their conduct, performance in office or their omissions rose to a constitutional level or threshold that warranted their dismissal.
“President Ruto cannot reappoint any member of the cabinet because their dismissal under the constitution implied a grave omission or commission,” the former LSK president stated.
“That grave constitutional omission or commission hasn't been erased or addressed in the past week.”
Ahmednasir assumed the position that should Kuria and his team be reappointed, it would engulf the President into a new political crisis and unparalleled constitutional imbroglio.
Moses Kuria disagreeing with the interpretation asked whether a clerk dismissed from a company meant he could not qualify for a certificate of good conduct.
