Moses Kuria, former Public Service Cabinet Secretary, has issued a fiery rebuttal to Nelson Havi, former President of the Law Society of Kenya, and lawyer Ahmednasir Abdullahi.
The two believe that all dismissed CSs are unfit to hold any state office after being fired by President William Ruto.
In response to a gazettement on the dismissal of Ruto’s 21 CSs, Havi wrote on X that the dismissal “means that they are ineligible to hold any public office forever: appointive or elective.”
The lawyer also stated that, according to the law, the ousted CSs are in the same category as impeached Governors or Judges who have been found unfit to serve.
Top lawyer Ahmednasir echoed Havi’s sentiments, stating that Ruto’s dismissal was made after meeting a constitutional threshold and that the CSs cannot be reappointed.
“That is a very bold and brave submission and I’m afraid Havi states the law correctly. President Ruto can’t reappoint any member of the cabinet because their dismissal under the constitution implied a grave omission or commission,” wrote Ahmednasir on X.
“That grave constitutional omission or commission hasn’t been erased or addressed in the past week…and can’t be addressed in the future.
“Reappointing any dismissed CS will engulf President Ruto in afresh political crisis and unparalleled constitutional imbroglio.”
Kuria quickly rebutted the lawyers’ arguments, claiming that their submissions were misinformed because a dismissal on grounds of impeachment would result in disciplinary action for the CSs rather than a class action.
“As lawyers of (dis)repute, you need to read whatever provisions against the tenets of fair administrative action. 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,” wrote Kuria.
“Otherwise if you are dismissed as a clerk at Safaricom you don’t even qualify for a certificate of good conduct. This McCarthyism by you Pharisees MUST STOP.”
On July 11, Ruto sent home the Attorney General and all 21 Cabinet Secretaries, with the exception of Prime Cabinet CS Musalia Mudavadi.
President Ruto stated that he had decided to dissolve his Cabinet “after careful consideration, listening to what the people of Kenya have said, and a comprehensive assessment of the cabinet’s performance, achievements, and challenges.”
Kenyans have criticized the president online for sparing the Prime CS, who holds an unconstitutional office.
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