Article 152 of the Kenyan Constitution states that the President shall nominate and appoint Cabinet Secretaries with the approval of the National Assembly.
A Cabinet Secretary shall not be a Member of Parliament.
The Office of a Cabinet Secretary becomes vacant if the Cabinet Secretary–
- resigns by delivering a written statement of resignation to the President;
- is dismissed by the President; or
- is dismissed by the President following a resolution passed by the National Assembly requiring the President to dismiss a Cabinet Secretary.
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Article 152 (6) of the Constitution states that a member of the National Assembly, supported by at least one-quarter of all the members of the Assembly, may propose a motion requiring the President to dismiss a Cabinet Secretary.
The grounds for the removal of a Cabinet Secretary are as follows–
- gross violation of a provision of the Constitution or any other law;
- where there are serious reasons for believing that the Cabinet Secretary has committed a crime under national or international law; or
- for gross misconduct.
If at least one-third of the members of the National Assembly support a motion to remove a Cabinet Secretary–
- the Assembly shall appoint a select committee comprising eleven of its members to investigate the matter; and
- the select committee shall, within ten days, report to the Assembly whether it finds the allegations against the Cabinet Secretary to be substantiated.
The Cabinet Secretary has the right to appear and be represented before the select committee during its investigations.
If the select committee reports that it finds the allegations–
- unsubstantiated, no further proceedings shall occur; or
- substantiated, the National Assembly shall–
- (i) afford the Cabinet Secretary an opportunity to be heard; and
- (ii) vote on whether to approve the resolution requiring the dismissal of a Cabinet Secretary.
If a majority of the members of the National Assembly support a resolution requiring the President to dismiss a Cabinet Secretary–
- the Speaker (of the National Assembly) shall promptly deliver the resolution to the President; and
- the President shall dismiss the Cabinet Secretary.
The Cabinet Secretary remains in office if the allegations against them are unsubstantiated.