State House Letter to Duale Awakens Debate on Uhuru's Plan in Handing Over Power

  • Garissa Township MP Aden Duale addressing Garissa residents during a bursary presentation ceremony on Saturday, May 21, 2022
    Garissa Township MP Aden Duale addressing Garissa residents during a bursary presentation ceremony on Saturday, May 21, 2022
    Aden Duale
  • A letter from State House addressed to Garissa MP Aden Duale has awakened the debate on whether President Uhuru Kenyatta will smoothly hand over power to the next government

    Speaking during a public function in Garissa on Saturday, May 21, the MP revealed that he had received a letter from the Head of Public Service Joseph Kinyua after complaining over the vacancy in the office of the Secretary to the Cabinet. 

    According to Duale, Kinyua informed him that he had been appointed as the Secretary to Cabinet in an acting capacity by President Uhuru Kenyatta. However, the former National Assembly Majority Leader opined that the move was a violation of Article 154 of the constitution.

    Garissa Township MP Aden Duale addressing Garissa residents during a bursary presentation ceremony on Saturday, May 21, 2022..jpg
    Garissa Township MP Aden Duale addressing Garissa residents during a bursary presentation ceremony on Saturday, May 21, 2022.
    Aden Duale

    "On Friday, I received a letter from the Head of Public Service purporting that he is acting as the Secretary to the Cabinet. I want to tell Kinyua that you have no constitutional mandate to act in that capacity," he stated.

    The lawmaker faulted Uhuru for leaving the position vacant for the last eight years, despite its vital role in the handing over of power from one regime to the next - insisting that Uhuru must make the appointment before dissolving Parliament.

    "Since 2014, you have not appointed anyone you have only two months before you leave office. We want to tell President Kenyatta, you must appoint the Secretary to the Cabinet, who will be the chairman of the Assumption of Office committee," the outspoken MP remarked.

    The former Majority Leader in the National assembly fronted that Uhuru should follow the constitutional procedure which dictates that the holder of the office is appointed by the president after vetting by Parliament. 

    The Assumption of the Office of the President Act (2012) lists the Secretary to the Cabinet as the designated chairperson on the transition committee. Others include the Attorney General, Principal Secretaries, the Chief of the Kenya Defence Forces, Director-General of the National Intelligence Service and the Inspector General of Police among members of the committee.

    "The committee shall facilitate the handing over the process by the outgoing President to the President-elect; organise security,  the necessary facilities and personnel,  co-ordinate the briefings by relevant public officers,"

    "Facilitate communication between the outgoing and incoming President and prepare the programme and organise for the swearing-in ceremony," reads Section Six of the Act.

    The Kenya Kwanza lot led by Deputy President William Ruto has been claiming that there were plans by Uhuru to extend his term beyond August 9 with the absence of a Secretary to the Cabinet becoming their latest ammunition.

    Notably, Uhuru tried to fill the vacant post in 2014 but his then nominee, who is now Energy and Petroleum Cabinet Secretary (CS) Monica Juma was turned down by parliament.

    President Uhuru Kenyatta (left) greets his deputy William Ruto at Parliament buildings on Monday, April 25, 2022
    President Uhuru Kenyatta (left) greets his deputy William Ruto at Parliament buildings on Monday, April 25, 2022
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