Law experts weigh in on Ruto's retention of Miano, 5 other cabinet nominees

The debate over the suitability of persons reappointed back as cabinet secretaries by President William Ruto rages on ahead of their vetting by Parliament.

Last Friday, Ruto announced 11 cabinet nominees - six from the previous cabinet - with others to follow soon. The debate on the suitability of former cabinet secretary Rebecca Miano as a replacement for sacked Attorney General Justin Muturi is also in the public sphere.

The other five include Kithure Kindiki (Interior) Alice Wahome (Lands, Public Works, Urban Development and Housing) Aden Duale (Defence ) Davis Chirchir (Roads), and Soipan Tuya (Environment).

The Eastleigh Voice spoke to Bobby Mkangi, a constitutional expert who served as a Commissioner in the nine-member Committee of Experts for Constitutional Review (CoE) in Kenya that delivered the Constitution of Kenya, 2010 (CoK-2010) about Ruto's reappointments and Miano's elevation to the post of Attorney General.

Mkangi says the reappointed cabinet secretaries must be vetted afresh because they were sacked and their dismissal was gazetted.

"There must be vetting because they were dismissed. This is a new nomination and constitutionally, they must be vetted. Kenyans want to confirm their suitability considering that they were sacked from office. This is not a reshuffle," explains Mkangi.

In his view, those who were dismissed need vetting more than the rest. "An analogy of why fresh vetting is required is that even a certificate of good conduct expires, attracting fresh screening."

The president while dismissing the cabinet said he had done so because he found them not suitable in helping him achieve his transformative dream. The Eastleigh Voice wanted to know if someone would go to court in an attempt to block the reappointments based on the president's admission.

"Yes. I think that it can be a good ground," Mkangi said.

Suitability

On Miano, Mkangi says she is qualified for the post based on her curriculum vitae, however, it will be the task of Parliament to dive deeper into her suitability, during the vetting.

Trade and Investments Cabinet Secretary Rebecca Miano at the Council of Governors offices in Nairobi on Wednesday. (Photo: MITI)

Miano is an advocate of the High Court and is also a registered Certified Public Secretary of Kenya. She attained fellowship status (FCS) from the Institute of Certified Public Secretaries of Kenya (ICPSK) in October 2023.

Other than Kenya Electricity Generating (KenGen) Company, where she was the managing director before she was tapped to the cabinet, Miano previously served on the Finance Committee of the National Council of Churches of Kenya (NCCK).

Before her dismissal from the cabinet, she served as CS Ministry of Investment, Trade, and Industry from October 2023. Prior to that, she served as the CS East African Community, Arid and Semi-Arid Lands (ASALs), and Regional Development.

If confirmed as the next Attorney-General, Miano will be the government's principal legal advisor, responsible for representing the national government in court or any other legal proceedings to which the national government is a party (other than criminal proceedings).

Lawyer Willis Otieno agrees with Mkangi that all the nominated cabinet secretaries must be taken through the legally laid path for them to take their positions.

He too notes that someone can go to court and challenge their nomination based on the president's own admission that they weren't effective. "The manner of their dismissal raises a plausible cause of action because he gave reasons that they were not able to perform."