As the head of the Executive, President William Ruto has powers to employ and fire top government officials like cabinet secretaries, ambassadors, board chairs, heads of parastatals and principal secretaries.
However, article 248 and Article 251 of the Kenyan Constitution offers the security of tenure to some government employees.
Holders of these offices can only be removed from office for the following reasons.
- Serious violation of the Constitution
- Gross misconduct
- Mental incapacity
- Incompetence
- Bankruptcy
Even if a commissioner or independent officeholder is guilty of the above, the President cannot fire or order his resignation.
Holders of the following offices are protected by Article 251 of the Kenyan Constitution:
- Kenya National Human Rights Commission
- National Land Commission
- Independent Electoral and Boundaries Commission
- Public Service Commission
- Judicial Service Commission
- Commission on Revenue Allocation
- Parliamentary Service Commission
- Salaries and Remuneration Communication
- Teachers Service Commission
- National Police Service Commission
- Ethics and Anti-Corruption Commission
- Auditor General
- Controller of Budget
Kenya's Constitution states a petition must be filed in Parliament in the event the aforementioned government officials need to be removed from office.
The National Assembly will examine the case and decide whether the officer should be investigated.
A written recommendation will then be presented to the President, who forms a tribunal to probe the case.
At this point, the President may suspend the officer, who will continue receiving half the employment benefits while on suspension.
The tribunal, within 30 days, makes a written recommendation to the President, who then acts per the proposals.
