Nyong’o moves to court to stop Kibaki order on ministers

By Lucianne Limo                                     

Nairobi, Kenya: Medical Services Minister Anyang’ Nyong’o has moved to court to challenge an order requiring all ministers and their assistants elected during the March 4 polls to resign.

He further wants the court to stop the National Assembly Clerk from swearing-in senators, governors, members of the National Assembly or women representatives.

Prof Nyong’o says the administering of oath of office should wait until the next president is sworn-in before establishing the elective posts.

The Kisumu County Senator-elect also wants the court to declare Head of Public Service Francis Kimemia’s circular as null and void. The circular dated March 18 directed ministers and their deputies to resign with immediate effect so as to qualify to be sworn-in by the Clerk of the National Assembly.

Constitutional Court Judge Isaac Lenaola directed Nyong’o to serve the respondents – Kimemia and National Assembly clerk – and appear before him tomorrow.

Legal foundation

Kimemia directed all ministers and their assistants who were elected to step down save for those who did not compete or qualify for the elective posts to remain in Government until the swearing-in of the President and appointment of Cabinet secretaries. Mr Kimemia was carrying out the President’s directive.

Nyong’o argued in court that there was no constitutional or legal foundation requiring elected ministers and their assistants to resign, adding that that could only happen after the swearing-in of the next president.

“While awaiting the decision of the Supreme Court with regards to the presidential election challenge, absence of a Cabinet would occasion a crisis,” added Nyong’o.

He said resignation of ministers would result in a vacuum and precipitate a constitutional  crisis.