AG defends current office holders

Thursday, March 21, 2013

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Prime Minister Raila Odinga, Vice President Kalonzo Musyoka, Deputy Prime Ministers and Ministers will continue to hold office until an incoming President takes over and appoints a new Cabinet.

In a legal advice to head of public service Francis Kimemia, Attorney General Githu Muigai advised that the top government officials be accorded the respect befitting the offices they hold Constitution until the day they relinquish them.

The AG offered a legal advice over the tenure of the office of the Prime Minister, Vice President, Deputy prime ministers and other Cabinet Ministers stating they are legally in office until a new president takes over and appoints a new Cabinet to provide continuity in administration of government duties.

In a written legal advice to head of public service Francis Kimemia the Attorney General advices that all Cabinet Ministers will also cease to hold office once new cabinet secretaries are appointed to take over.

The advice goes on to say that a member of the cabinet may lose the right to remain in office in the event that the cabinet secretary is subsequently elected and takes oath of another office inconsistent with their tenure in cabinet as provided in Article 77(1) and 152(3) of the constitution.

The legal opinion states it is the mandate of the incumbent president to fill the vacant position in an acting capacity.

The advice further warns of a constitutional crisis should there be absence of a cabinet in the event that the presidential petition drags in court necessitating a caretaker government to extend its mandate.

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