MEMORANDUM PRESENTED TO THE STEERING COMMITTEE ON
THE IMPLEMENTATION OF THE BUILDING BRIDGES TO A
UNITED KENYA TASKFORCE REPORT.
VENUE: KENYATTA INTERNATIONAL CONVENTION CENTRE,
DATE: 26TH FEBRUARY 2020
Members of the Steering Committee.
The Orange Democratic Movement Party appreciates this opportunity
to give feedback on the report of the BBI Taskforce launched on 27th
We congratulate the Task Force under your leadership for being faithful to its mandate and for the balanced and dispassionate manner with which it went about executing that mandate.
We are confident that the Steering Committee, with your
stewardship, will not disappoint the Kenyan people.
We have studied the report and are satisfied with most of the recommendations contained therein, which we believe that if faithfully implemented will lead to a united, socially and economically inclusive and prosperous Kenya, and address the ever-elusive national question .
As a party we remain cognizant of the fact that this process is a
consultative give and take and that no one party or individual can
bulldoze the discussion or the outcome.
We believe in the power of persuasion and that this dialogue is an
opportunity for us to lay out the vision for the future of this
country hoping that our countrymen will buy into our point of
We however are also open to being persuaded for we do not
hold monopoly of ideas.
The opportunity before us is one of a lifetime and all Kenyans
must be allowed to ventilate on the issues before us.
It is an acknowledged fact that the Kenyan dream was dead or dying by
the time our two leaders HE Raila Odinga and President Uhuru
Kenyatta shook hands so that what we are engaged in is akin to a
postmortem to determine the cause of death.
A postmortem as you know is not a pretty sight, but indeed for us to determine what ailed the patient we must have an honest engagement. For a wound to heal, it must be cauterized and all the puss squeezed out.
It would be a wasted opportunity if we peppered over long
standing grievances in the name of political correctness.
We also wish to state categorically that as a party we are bold
enough to develop and run our political agenda publicly without
having to hide behind any other processes.
We are in the BBI process solely to ensure a united country that will not fall back into the abyss we have so painfully pulled ourselves from.
Having now dissected the report we are largely happy because
many of the recommendations therein reflect our thinking.
We however would like to propose a few improvements here and
there as contained in this Memorandu
Kenya is the leading economy in this region and we are proud to be on
a continuous growth path.
Sadly, we are also among the most unequal societies in the world. ODM Party is founded on the philosophy of social justice and political ideology of social democracy.
Our world outlook is based on the belief that every citizen should be
accorded opportunity to participate in productive activities geared
towards wealth creation.
In the same vein every citizen should benefit from the fruits economic expansion. We therefore concur with the Task Force’s observation that as a country, we need an economic revolution, to build an economy that can produce the jobs we need,
urgently. We therefore particularly support the following proposals
aimed at ensuring that no Kenyan is left behind in the creation of
wealth and enjoyment of the economic and social development
• Seven (7) years tax holiday for youth entrepreneurship incentive
• Biashara Mashinani – policies and incentives for village-level
• Uplifting the poor through Kubadili Plan
• Empowering the Salaries and Remuneration Commission (SRC)
to tame the runaway public wage bill and rationalise salaries
• Strengthening debt control mechanism at national and county
• Developing a 50-year long-term prosperity plan
In addition thereto, ODM feels that the following measures at
administrative and policy levels will further expand economic horizons
for our youth, women, farmers, persons with disabilities and ensuring
that no Kenyan is left behind:
a Reform Youth Enterprise Funds into a holistic Youth
Empowerment Programme that undertakes a holistic youth
empowerment. The beneficiaries should go through three
stages as follows:
a. Stage One: Training and entrepreneurial skills
b. Stage Two: Business start-up grants
c. Stage Three: credit
b Similar schemes to the foregoing should be developed and
implemented for persons with disabilities and other
economically disadvantaged groups in our society.
c Establish a youth talent development programme to focus
on harnessing creative potential of young people in sports,
music, dance, arts etc.
d Develop a new national investment code that emphasizes
the following in order to create wealth and employment
a. Use of local content
b. Transfer/sharing of technology
c. Earn or save foreign exchange
d. Create jobs directly
e To promote agriculture and end the current woes of farmers
in the food production sectors like maize, wheat, dairy etc.,
there is need to reintroduce Guaranteed Minimum Returns
(GMR) policy so that farmers are assured of returns on their
investment at the beginning of the season.
f Develop universal livestock insurance.
g The government should come up with a national labour-
intensive programme akin to F.D. Roosevelt’s New Deal
that would use the abundant labour and young people’s
skills to develop the nation’s infrastructure and social
development. For example, the affordable housing scheme
could be a public works that employs graduates of TIVET
institutions like masons. Plumbers, electricians as well as
the abundant manual labour.
h Fully implement Article 43 to enable marginalised areas
realise development in the spirit of “No one is left behind”
i Address historical marginalisation and injustices by
undertaking affirmative action interventions and
implementation of recommendations of reports of
commissions of inquiries including, but not limited, to
Akiwumi Report, Ndung’u Report and the Truth, Justice
and Reconciliation (TJRC) Report.
j Overhaul the tax policy to create a climate that promotes
national savings and investment. In addition to the 7-year
tax holiday for the youth start-up business, the national
government should consider a five-year grace period for
HELB loanees beginning from the time they gain gainful
employment or self-employment
ODM has been correctly described as the “Party of Devolution.” We
recognise that devolution has largely been a success. And the people
of Kenya would like to see it deepened.
However, the seven years of its implementation have exposed serious challenges that if left unaddressed, will undermine its political and economic sustainability.
We welcome the following proposals in the report:
• People-centred resource allocation using wards as the basis of
resource allocation and financing the development of each ward
to at least 30% of county development budget within 5-year
• Allocating 70% of both the National and county budget to
development expenditure and 30% to recurrent. We, however
are of the view that is currently unattainable and should be
• Enacting laws for regional blocs with conditional grants to be
used to encourage better planning, reduced wastage and
collaboration between counties
• Strengthening oversight independence of county assemblies by
ensuring the transmission and management of county assembly
budget is insulated from interference by county executive
• Strengthening oversight role of county assemblies over budgets
• Restructuring or winding up of Parastatals that carrying out
county government functions.
We however strongly believe that to optimise the benefits of
devolution, the report should recommend the following:
a Strict observance of Article 6(2) of the Constitution and
abolish Ministry of Devolution in the National Government.
The coordination and cooperation of both levels of
government should be handled through the
Intergovernmental Relations Council.
b Equitable share of county government should be at least
35% of the annual budge as opposed to current provision of
at least 15% of the last audited national revenue.
c Enacting County Governments’ Public Finance Management
Act and devolve the Integrated Financial Management
d Granting county assemblies financial independence to
effectively oversight respective executives.
e Establishing and fully resourced county assembly budget offices.
f Granting Members of the County Assemblies similar power
and privileges to those enjoyed by Members of Parliament.
g Unbundling the functions of national and county
governments, costing the functions and transferring
functions with commensurate resources.
h Creating county police to address local security concerns
and answerable to the County Policing Authority chaired by
i Enacting legislation for the establishment of regional
economic blocks (REBs) and place regional development
authorities and cross-county programmes and projects
under the REBs
j Since KERRA and KURA service roads that fall under
county governments, they should be merged and and
mandate revised to provide technical backstopping for
county governments and be the regulatory agency for
county governments with respect to enforcement of
SAFETY AND SECURITY
Over the years, crime has grown in sophistication and spread. In
order to effectively prevent and investigate modern crime, the agencies
need to heavily invest in extensive research, scientific methods of
investigation and versatility.
We fully endorse the proposals in the
report regarding the enhancement of peace and security. Additionally,
we propose the following changes:
• Delink DCI from the National Police Service and create it as
an independent security agency to renamed as Bureau of
Criminal Investigations or National Criminal Investigation
Services [with mandates similar to FBI and New Scotland Yard
This recommendation is informed that the nature of crime has evolved
and the agency will need to invest in top notch professionals in areas
like law, cyber security, forensics, financial analysis, criminology,
medicine and psychology among others.
It also needs to engage in extensive research, which require extensive infrastructure and resource layout as well as policy and operational autonomy.
We also propose that police accountability and containing the impunity of law enforcement agencies and ending extra-judicial executions require a
revisit of the mandate and investigative and operational autonomy of
the Independent Policing Oversight Authority (IPOA).
We therefore propose as follows:
• Transform IPOA into an independent commission under
Chapter 15 of the Constitution and merged with the
Commission on Administrative Justice (Ombudsman).REPRESENTATION
Elections emanate from the dictum of No Taxation Without
Representation. They are therefore supposed to be civilized
competitions – not war.
However, due to the zero sum nature of our electoral system and culture, they have become a life-and-death affair that at times leads to loss of life, limb and property as well as mass displacement of populations.
Our country direly needs a lasting
Solution to the cyclic electoral crises. We therefore support
observations and recommendations in the report, with special
• Restructuring of the IEBC to pave way for a new Commission to
conduct the next elections.
• Comprehensively reforming the IEBC
• Doing away with the First Past the Post electoral system.
• Party leaders of parliamentary parties to nominate IEBC
commissioners for appointment by the President.
• IEBC Chairperson to be the commission’s CEO to avoid conflict
occasioned by two power centres.
• Addressing gender imbalance in elective and appointive
• Re-introduction of the position of the Leader of Opposition in
We further propose the following:
• Change the electoral system to Mixed Member Proportional
Representation (MMPR) with a view to progressively moving
to a full PR system (perhaps by the next electoral cycle).
This will help address the ever elusive two-thirds gender
rule’s realisation, address the need to fulfil one-person, one-
vote principle while ensuring equity for less densely
• Make manipulation of elections at all levels treasonable.
• Clarify the roles of the National Assembly and Senate (See
• Create and define the role and standing of the Leader of
The history of imperial presidency in Kenya, which has ensured that
the holder of the office of the president is unaccountable and exceeded
the constitutional limits of that office is replete with tales of exclusion,
impunity and rent-seeking.
This has turned this office into a trophy of
conquest in every election with communities and regions
Endeavouring to win it by hook or crook. This is one of the identifiedgeneses of cyclic post-election violence in.
ODM therefore supports the dispersal of executive powers as
recommended in the BBI report. We do propose that the functions,
powers and roles of the Executive be exercised as in
CROSS CUTTING ISSUES
On the Judiciary, it is our view that in order to resolve emergent
tensions relating to appointment of judges, a mechanism akin to that
found in the legislative process ought be introduced to ensure an
avenue is opened for any Reservations the President may have on
appointees to be communicated to the JSC.
In this regard we propose that in the event the President has nay reservations on an appointee, he communicate by memo to the JSC and the JSC may consider the said reservations and if satisfied take the necessary steps.
If the JSC is not satisfied, then the JSC can resubmit the names to the president who will have no option to appoint and if he doesn’t appoint in 14
days then the judge are automatically appointed at the end of the said
On Nairobi City County, we note the views expressed in the report on
how the City should be managed. It is our considered opinion though
that most opinions being expressed about Nairobi are as against the
backdrop of the current leadership.
It would be wholly unfair to disenfranchise over 2 million voters for what is essentially a mistake at the ballot in 2017. It would further be absurd to abolish the position of Governor and retain the County wards and the assembly which in effect will be superfluous in the absence of an executive.
We are also of the view that many of the challenges in the administration
of Nairobi had been foreseen and is why parliament enacted the
Urban Areas and Cities Act which if fully implemented would forestall
some of the challenges.
Rather than wholesale punishment of an entire county for what is
essentially one man’s incompetence we beseech the committee to give
the good people of Nairobi another chance to correct the mistake they
made in 2017
Lastly on the on-going BBI Rallies, we are clear in our minds that the
Rallies are complimentary to the work being done here by your
It was agreed at Bomas to take the BBI report to the people and few will dispute that indeed the rallies have been a good opportunity for Kenyans at the grassroots to be heard. The attendance of these rallies is voluntary and those who feel uncomfortable publicly giving views in front of their own people are more than welcome to pursue this other option.
Dated in Nairobi this 26th February 2020
EXERCISE OF LEGISLATIVE POWERS OF
(1) Parliament shall exercise its legislative power by Bills
passed by Parliament and assented to by the President.
(2) Any member, or committee, of Parliament may
introduce Bills in Parliament.
(3) A Bill may originate in either House but a money Bill
may originate only in the National Assembly.
(4) Every Bill for legislation introduced in Parliament
accompanied by an explanatory memorandum, outlining –
must be (a) any Bill of Rights limitations or derogations,
or any other constitutional implications; (b) any public
participation during the preparation of the Bill; and (c)
any further public participation that is recommended
before the Bill is enacted. The relevant Committee shall(a)
determine the nature and extent of public participation for
each Bill for legislation introduced in Parliament; and (b)
facilitate that participation, and ensure that it is
adequately carried out.
(6) Parliament shall equitably allocate time for
consideration of Bills.
(1) A money Bill may be introduced only by a Minister.
(2) “Money Bill” means a Bill that contains provisions
dealing with – Money Bills.
(a) the imposition, repeal, remission, alteration or
regulation of taxes;
(b) the imposition of charges on the Consolidated Fund or
any other fund of the Government or the variation or
repeal of any of those charges;
(c) the appropriation, receipt, custody, investment, issue
or audit of accounts of public money; (d) the grant of
money to any person or authority or the variation or
revocation of public money; (e) the raising or
guaranteeing of any loan or the repayment thereof; or (f)
subordinate matters incidental to any of those matters.
(3) In clause (2), the expressions “tax”, “public money”,
and “loan” do not include any tax, public money or loan
raised by devolved governments.
Consideration by the other House.
(1) When a Bill has been passed by one House of
Parliament, the Speaker of that House shall refer it to the
Speaker of the other House for introduction, consideration
(2) If both Houses pass a Bill in the same form, the
Speaker of the House in which the Bill originated shall
within seven days refer the Bill to the President for assent.
(3) If one House passes a Bill and the other House rejects
it, the Bill is defeated unless it is a money Bill.
(4) When a Bill that in the opinion of the Speaker of the
National Assembly is a money Bill, in terms of Article xxx
is referred to the Senate from the National Assembly it
shall bear a certificate of the Speaker of the National
Assembly that it is a money Bill.
(5) Where a Bill that is referred to the Senate in
accordance with clause (4) is not passed by the Senate
within fourteen days after it is so referred, the Bill shall be
presented to the President for assent.
(6) If one House passes a Bill, other than a money Bill,
and the other House passes an amended version of it, the
Speaker of the originating House shall call for a second
vote on the Bill as amended, and shall present it to the
President for assent if that House passes the Bill as
(7) If a Bill referred to in clause (6) is not passed in its
amended form by the originating House the Speakers of
both Houses shall appoint a mediation committee
consisting of equal numbers of members of each House to
review the different texts and attempt to develop a
(8) If the mediation committee agrees on a compromise
text each House may vote to approve or reject the
(9) If both Houses approve the compromise text, the
Speaker of the originating House shall within seven days
present the Bill to the President for assent.
(10) If the mediation committee fails to reach a
compromise within thirty days, or if a compromise text is
rejected by either House, the Bill is defeated.
LEADER OF THE OPPOSITION
(1) The largest parliamentary party or coalition of
parliamentary parties in the National Assembly not
forming the Government shall elect from among their
members of Parliament, the Leader of the Opposition.
(2) In relation to the conduct of the business in the
National Assembly, the Leader of the Opposition shall –
a. rank in precedence immediately following the
President, the Deputy President, the Prime
Minister and the Speaker;
b. the right of participation at all official state
c. have the right of second reply, after the Prime
Minister, to an address to the National Assembly
by the President.
(3) The Standing Orders of the National Assembly shall
provide for the effective participation in the National
Assembly of the Leader of the Opposition.
THE NATIONAL EXECUTIVE
Principles and Structure of the National Executive
Principles of executive authority
Executive authority derives from the Constitution. It is to be
(a) in a manner compatible with the principle of service to the
people and the communities of Kenya; and
(b) for their well-being and benefit.
The composition of the national executive shall reflect the regional and
ethnic diversity of the people of Kenya.
The National Executive
(1) The national executive authority of the Republic shall be exercised
in accordance with this Constitution by, or on the authority of, the
President and the Prime Minister, Deputy President together with the
rest of the Cabinet.
(2) The President shall exercise the powers and perform the functions
of that office on the advice of the Cabinet unless the Constitution
Authority of the President
The President shall be:
(a) Head of State;
(b) Head of Government
(c) Commander-in-Chief of the Kenya Defence Forces; and
(d) Chairperson of the National Security Council.
State functions of the President
(1) The President shall:
(a) address the opening of each newly elected House of
(b) address a special sitting of Parliament once every year;
(c) once every year:
. (i) report, in an address to the nation, on all the
measures taken and the state of progress achieved in the
realization of the national values, principles and goals set
out in Article 10 of the Constitution; and
. (ii) publish in the Gazette, the details of the measures
and progress referred to in sub-paragraph (i).
(2) The President, in accordance with the Constitution and the law,
shall appoint and may dismiss:
(a) the Cabinet, including the Prime Minister, the Deputy Prime
Ministers and the Ministers;
(b) the Deputy Ministers; and
(c) any other State or public officer whom the Constitution requires
the President to appoint.
(3) The President may:
(a) appoint high commissioners, ambassadors, and diplomatic and
consular representatives with the approval of the Senate; and
(b) receive foreign diplomatic and consular representatives; and
(c) confer honours in the name of the people and the Republic.
(4) With the approval of Parliament, the President may sign
instruments of consent of the Republic to be bound by treaties and
(5) With the approval of the Cabinet, the President may— (a) subject
to Article 75, declare a state of emergency; (b) declare war.
(6) The President:
(a) may appoint commissions of inquiry; and
(b) shall cause the report of any commission of inquiry so appointed
to be laid before Parliament within twenty-one days of the receipt of
the report by the President.
(7) The President shall liaise with the Prime Minister to ensure that:
(a) the international obligations of the Republic are fulfilled through
the actions of the relevant Ministers; and
(b) the courts, constitutional Commissions and State officers are
able to secure their independence, impartiality, dignity, accessibility
and effectiveness as contemplated in this Constitution.
(8) Once every year, the President shall submit a report to Parliament
on the progress made in fulfilling the international obligations of the
The President as a symbol of national unity.
(1) The President shall:
(a) respect, uphold and safeguard this Constitution;
(b) safeguard the sovereignty of the Republic;
(c) promote and enhance the unity of the nation;
(d) promote respect for the diversity of the people and
communities of Kenya; and
(e) ensure the protection of human rights and fundamental
freedoms and the rule of law.
(2) The President shall not hold any other State or public office.
Legislative functions of the President
(1) When presented with a Bill passed by Parliament, the President
shall act in accordance with Article … of the Constitution.
(2) The President may propose legislation and refer it to the Cabinet
with a request that the Cabinet approve its introduction to the
National Assembly as a government Bill.
(3) The President shall ensure that:
(a) public participation requirements concerning the enactment
of Acts have been satisfied by Parliament; and
(b) the Prime Minister assigns responsibility for the
implementation and administration of every Act of Parliament.
Exercise of presidential powers during temporary incumbency
(1) A person who holds the office of President or who is authorized in
terms of this Constitution to exercise the powers of the President:
(a) during the period commencing on the date of the first vote in a
presidential election, and ending when the newly elected President
assumes office; or
(b) while the President is absent or incapacitated, may not exercise
the powers of the President set out in clause (2).
(2) The powers referred to in clause (1) are:
(a) the nomination or appointment of the judges of the superior
(b) acting on a complaint leading to the removal of a judicial officer;
(c) the nomination or appointment of any other public officer whom
this Constitution or legislation requires the President to appoint;
(d) the appointment or dismissal of a high commissioner,
ambassador, or diplomatic or consular representative;
(e) the power of mercy; and
(f) the authority to confer honours in the name of the people and
Decisions of President
A decision by the President under the authority of this Constitution or
of any legislation shall be in writing and shall bear the seal and
signature of the President.
Election of President
The election of the President shall be by direct adult suffrage through
a secret ballot and shall be conducted in accordance with Articles
136-138 of the Constitution and any Act of Parliament regulating
Term of office of President
(1) The President shall hold office for a term not exceeding five years
beginning with the date of assumption of office.
(2)For the purposes of clause (1), the period that the President serves
as President after an election of a new President and before the
swearing in of the new President is not part of the term of the outgoing
(3) A person shall not hold office as President for more than two
Office of Deputy President
There shall be a Deputy President of the Republic whose election,
duties, functions, removal shall be as provided for in Articles 147-151
of the Constitution.
PRIME MINISTER, DEPUTY PRIME MINSTERS AND CABINET
1.-(1) There shall be a Prime Minister of the Republic who shall be
appointed by the President in accordance with the provisions of this
Article and who, before assuming his office, shall take and subscribe
before the President such oath of office of Prime Minister as may be
prescribed by Parliament.
(2) As soon as possible, and in any case within fourteen days after
assuming office, the President shall appoint a Member of Parliament
elected from a constituency from a political party having a majority of
members in the National Assembly or, if no political party has a
majority, who appears to have the support of the majority of the
Members of Parliament, to be Prime Minister of the Republic, and he
shall not assume office until his appointment is first confirmed by a
resolution of the National Assembly supported by a majority vote of
(3) Subject to the other provisions of this Constitution, the Prime
Minister shall hold the office of Prime Minister until the day –
(a) the President-elect takes the oath of office;
(b) he dies while in office;
(c) he resigns;
(d) the President appoints another Member of Parliament to hold
the office of the Prime Minister;
(e) he ceases to hold the office of Prime Minister in accordance with
the other provisions of this Constitution.
2.-(1) The Prime Minister shall have authority over the control,
supervision and execution of the day-to-day functions and affairs of
the Government of the Republic.
(2) The Prime Minister shall be the Leader of Government business in
(3) In the exercise of his authority, the Prime Minister shall perform or
cause to be performed any matter or matters which the President
directs to be done.
3.-(1) Subject to the provisions of this Constitution, the Prime
Minister shall be accountable to the President for the exercise of his
(2) The Executive of the Republic, under the authority of the
President, shall be the organ having the power to determine the policy
of the Government in general, and Ministers under the leadership of
the Prime Minister, shall be collectively responsible in the National
Assembly for the execution of the affairs of the Government of the
4.-(1) Notwithstanding the provisions of Article xxx of this
Constitution, the National Assembly may pass a vote of no confidence
in the Prime Minister if a motion in that behalf is moved and passed
in accordance with the provisions of this Article.
(2) Subject to the other provisions of this Article, any motion for a vote
of no confidence in the Prime Minister shall not be moved in the
National Assembly if –
(a) either it has no relation with the discharge of the
responsibilities of the Prime Minister in accordance with Article xxx
of the Constitution or there are no allegations that the Prime
Minister has contravened the law concerning the ethics of public
(b) six months have not lapsed since he was appointed;
(c) nine months have not lapsed since a similar motion was moved
in and rejected by the National Assembly.
(3) A motion for a vote of no confidence in the Prime Minister shall not
be passed by the National Assembly save only if –
(a) a written notice, signed and supported by not less than thirty
percent of all the Members of the National Assembly is submitted
to the Speaker, at least fourteen days prior to the day on which the
motion is intended to be moved before the National Assembly;
(b) the Speaker satisfies himself that the provisions of this
Constitution governing the moving of the motion have been
(4) A motion which satisfies the provisions of the Article shall be
moved before the National Assembly as soon as possible in accordance
with the Standing Orders of the National Assembly.
(5) A motion for a vote of no confidence in the Prime Minister shall be
passed only if it is supported by a majority of the Members of
(6) In the event the motion for a vote of no confidence in the Prime
Minister is supported by a majority of the Members of Parliament, the
Speaker shall submit that resolution to the President, and as soon as
possible and in any case within two days from the day the National
Assembly passes the vote of no confidence in the Prime Minister, the
Prime Minister shall be required to resign, and the President shall
appoint another Member of Parliament to be Prime
Cabinet and Government
4.- (1) There shall be a Cabinet consisting of:
(a) the Prime Minister;
(b) Two Deputy Prime Ministers; and
(c) not fewer than fifteen and not more than twenty other
(2) The President shall attend the meetings of the Cabinet and shall
preside over those meetings. In the event the President is absent, the
meetings shall be presided over by the Deputy President, and if both
President and the Deputy President are absent, the Prime Minister
shall preside over the meetings.
(3) Subject to the provisions contained in Article 37(1) of this
Constitution, the Cabinet shall be the principal organ for advising the
President regarding all matters concerning the exercise of his powers
in accordance with the provisions of this Constitution, and it shall
assist and advise the President over any matter which shall be
submitted to the Cabinet pursuant to specific or general directions
issued by the President.
(4) The Attorney General shall attend all the meetings of the Cabinet
and shall have all the rights of a member of those meetings save that
he shall not have the right to vote at such meetings.
(5) The question whether any advice, and if so, what advice was given
by the Cabinet to the President, shall not be inquired into any court.
5.-(1) All Ministers who are members of Cabinet by virtue of Article
xxx shall be appointed by the President after consultation with the
Prime Minister and they shall be responsible for such offices as the
President may, from time to time, by writing under his hand and the
Public Seal, establish.
(2) In addition to the Ministers referred to in Clause (1) the President
may, after consultation with the Prime Minister, appoint Deputy
Ministers. All Deputy Ministers shall not be members of Cabinet.
(3) The President may appoint any number of Deputy Ministers who
shall assist Ministers in the discharge of their duties and functions.
(4) All Ministers and Deputy Ministers shall be appointed from among
Members of Parliament.
- A Minister or a Deputy Minister shall not assume office until he has
first taken and subscribed before the President, the oath of allegiance
and such other oath relating to the execution of the functions of his
office as may be prescribed by an Act of Parliament.
7.-(1) The tenure of office of a Minister, or a Deputy Minister shall
commence on the date he is appointed to hold that office.
(2) The Office of a Deputy Prime Minister, Minister or a Deputy
Minister shall become vacant upon the occurrence of any of the
(a) if the incumbent resigns or dies;
(b) where the incumbent ceases to be a Member of Parliament for
any reason not connected with the dissolution of Parliament;
(c) where the President revokes the appointment thereby removing
the incumbent from office;
(d) where he is elected Speaker;
(e) where the Prime Minister resigns or his office becomes vacant
for any other reasons;
(f) immediately before the President elect assumes office;
(g) where the Ethics Tribunal makes a decision confirming that he
has contravened the law concerning ethics of public leaders.
- Ministers and Deputy Ministers shall hold office during the
pleasure of the President, and shall be paid a salary, allowances and
other remuneration in accordance with a law enacted by Parliament.
Dismissal of Ministers and Deputy Ministers
(1) The President shall dismiss a Deputy Prime Minister, a Minister or
a Deputy Minister on his or her own motion or following advice of the
(2) If the National Assembly, by a resolution supported by the votes of
more than half of all the members, passes a motion of no confidence
in a member of the Cabinet, other than the Prime Minister, or a
Deputy Minister, and the member does not resign within three days of
the passage of the motion, the President shall dismiss that member or
Vote of no confidence in the Prime Minister
(1) A member of the National Assembly supported by at least a third of
all the members may, at any time during a sitting of the National
Assembly, propose a motion of no confidence in the Prime Minister.
(2) If the National Assembly, by a resolution supported by the votes of
more than two-thirds of all the members, passes a motion of no
confidence in the Prime Minister, the Prime Minister shall submit to
the Speaker of the National Assembly notice of the Prime Minister’s
resignation and that of the Deputy Prime Ministers, the Cabinet
Ministers and the Deputy Ministers.
(3) If the Prime Minister does not submit the notice required by clause
(2), within seven days of the passing of the resolution, the President
shall dismiss the Prime Minister, the Deputy Prime Minister, the
Cabinet Ministers and the Deputy Ministers, and the relevant
provisions of Article XXXX shall apply regarding the appointment of a
new Prime Minister.
(4) The President shall not dismiss the Prime Minister, a Deputy Prime
Minister, a Cabinet Minister and a Deputy Minister in any
circumstances, other than those explicitly specified in this
(5) Despite a notice of resignation under clause (2) or dismissal of the
Prime Minister, the deputy Prime Minister, the Ministers and the
Deputy Minister under clause (3), the Prime Minister, the Deputy
Prime Minister, the Cabinet and the deputy ministers shall continue
in office until a new Prime Minister assumes office.
Decisions, responsibility and accountability of the Cabinet
(1) The Cabinet shall meet at least once a month.
(2) The quorum at a meeting of the Cabinet shall be half of all the
members of the Cabinet.
(4) A decision of the Cabinet is not valid, and shall not be
implemented, unless it is signed by the President.
(5) A Minister shall attend before Parliament, or a committee of
Parliament, when required to do so, and shall answer any question
concerning a matter assigned to that Minister.
(7) A member of the Cabinet shall provide Parliament with full and
regular reports concerning matters under their control. To the extent
not inconsistent with any Act of Parliament, the Prime Minister shall,
under the direction of the President, assign responsibility for the
implementation and administration of any Act of Parliament to:
(a) a Deputy Prime Minister;
(b) a Cabinet Minister; or
(c) a Deputy Minister.
President to be fully informed on conduct of government
The Prime Minister shall keep the President fully and regularly
informed concerning the general conduct of government and shall
furnish the President with any information that the President may
request with respect to any matter relating to government.