PART 2

Ministers and the Cabinet

Ministers of Government of Kenya.

16.  (1)  There shall be such offices of Minister of the Government of Kenya as may be established by Parliament or, subject to any provisions made by Parliament, by the President.

(2)   The President shall, subject to the provisions of any written law, appoint the Ministers from among the members of the National Assembly:

Provided that, if occasion arises for making an appointment to the office of any Minister while Parliament stands dissolved, a person who was a member of the National Assembly immediately before the dissolution may be appointed to that office.

(3)   The office of a Minister shall become vacant:-

(a)   if the President so directs; or

(b)   if the holder of the office ceases to be a member of the National Assembly otherwise than by reason of the dissolution of Parliament; or

(c)   in the case of a Minister who, immediately before the dissolution of Parliament, if, when the Assembly first meets after that dissolution, he is not then a member thereof.

(4)   Whenever a person is elected to the office of President, the offices of all Ministers then holding office shall become vacant upon the occasion of the President first making one or more appointments to the office of Minister.

Cabinet.

17.  (1)  There shall be a Cabinet consisting of the President, the Vice-President and the other Ministers.

(2)     The functions of the Cabinet shall be to aid and advise the President in the government of Kenya.

(3)     The Cabinet shall be collectively responsible to the National Assembly for all things done by or under the authority of the President or the Vice-President or any other Minister in the execution of his office.

(4)     The provisions of subsections (2) and (3) shall not apply in relation to:-

(a)      the appointment and removal from office of the Vice-President, Ministers and Assistant Ministers under section 15, 16 and 19, the assignment of responsibility to any Minister under section 18, or the giving of consent under section 20 to the Vice-President, a Minister or an Assistant Minister absenting himself from Kenya.

(b)      the dissolution of Parliament; or

(c)      the matters referred to in section 27 (which relates to the exercise of the Prerogative of Mercy).

Allocation of portfolio to Ministers.

18.  Responsibility for any of the business of the government of Kenya, including the administration of any of the departments of Government, may be assigned to the Vice-President and the several Ministers as the President may, by directions in writing, determine.

Assistant Ministers.

19.  (1)  The President may appoint Assistant Ministers from among the members of the National Assembly to assist the President, Vice-President and Ministers in the performance of their duties:

Provided that, if occasion arises for making an appointment while Parliament stands dissolved, a person who was a member of the National Assembly immediately before the dissolution may be appointed as an Assistant Minister.

(2)   The office of an Assistant Minister shall become vacant:-

(a)   if the President so directs; or

(b)   if the holder of the office ceases to be a member of the National Assembly otherwise than by reason of the dissolution of Parliament; or

(c)   in the case of an Assistant Minister who, immediately before the dissolution of Parliament, was a member of the National Assembly, if when the Assembly first meets after that dissolution, he is not then a member thereof; or

(d)   upon the election of a person to the office of President.

Absence of Vice-President, Ministers and Assistant Ministers from Kenya.

20.  The Vice-President, a Minister or an Assistant Minister shall not absent himself from Kenya except with the consent of the President.

Oaths to be taken by Ministers and Assistant Ministers.

21.  A Minister or an Assistant Minister shall not enter upon the duties of his office unless he has taken and subscribed the oath of allegiance and such oath for the due execution of his office as may be prescribed by Parliament.

Appointment of permanent secretaries.

14 of 1986, s.2.

22.  (1)  The President may appoint such number of permanent secretaries as he may determine.

(2)      There shall be a permanent secretary to the Office of the President.

(3)      Where the Vice-President or any other Minister has been charged with responsibility for a department of Government he shall exercise general direction and control over that department and, subject to that direction and control, every department of Government shall be under the supervision of a permanent secretary.

(4)      The office of a permanent secretary shall be an office in the public service.

(5)      Two or more Government departments may be placed under the direct supervision of one permanent secretary and a Government department may be placed under the supervision of one or more permanent secretaries or two or more permanent secretaries.