If they are appointed, several Kenya Kwanza leaders vying for State roles in President William Ruto’s cabinet will have to resign from their party posts.
The law prevents state officials from serving in political parties. The Amani National Congress (ANC) leader Musalia Mudavadi, former Democratic Party National Assembly Speaker Justin Muturi, Alfred Mutua of Maendeleo Chap Chap, Moses Kuria of Chama cha Kazi, Isaac Abey of the Economic Freedom Party (EFP), and former Farmers Party principal secretary Irungu Nyakera are all expected to be impacted by the constitutional clause.
Only the President, deputy President, and Members of Parliament are immune from the rule because they are chosen by universal suffrage.
“Any appointed State officer shall not hold office in a political party,” states Article 77(2) of the Constitution.
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A full-time State officer “must not participate in any other gainful employment,” according to Section 1 of the Article.
Based on a pre-election pact he made with President Ruto, Mr Mudavadi is set to assume the position of Prime Cabinet secretary. Mr Mudavadi will have to step down as the head of the ANC party if he is appointed in accordance with the pact.
However, according to Ann Nderitu, Registrar of Political Parties, party leaders are still allowed to remain members of their respective organizations.
“Once you become a State officer, you have to resign as a party official. You can, however, still remain as a party member. You cannot serve as a State officer and at the same time hold a party position,” said Ms Nderitu.
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Former speaker Muturi told the Nation that party officials who are chosen for State positions will have to resign from their positions.
“I will definitely relinquish my position as DP party leader once certain pronouncements are made,” he said.
National Assembly Speaker Moses Wetangula who is also the party leader of Ford Kenya is, however, yet to resign from his post.
According to Muturi, speakers should not just be impartial but should not hold party leader positions.
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“It is a very dicey situation according to my experience; that is why you never saw me attend parliamentary group meetings of Jubilee or TNA in my first term. When you attend such meetings they end up compromising your impartiality,” said Mr Muturi.
In the case of Senate Speaker Amason Kingi, he was yet to be gazetted as a member of Pamoja African Alliance (PAA). He is therefore not obligated to resign.
President William Ruto is set to name his cabinet in the next two to three weeks.
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