The Constitution of Kenya envisaged and provided for separation of powers among the various arms of government. The Executive, the Legislature and the Judiciary all have distinct but complementary responsibilities. While the Legislature is tasked with oversight and law-making responsibilities, the Executive carries out the implementation of the government agenda and policies while the Judiciary deals with disputes and interpretation of the law.
In recent days, the Executive has been caught on the wrong side of the law. Through Cabinet secretaries, the Executive has tended to overstep its mandate by micromanaging the independent organs in the different ministries. A perfect example is the unnecessary interference in the operations of university councils and boards of parastatals.
The latest developments where CSs purport to appoint chief executive officers of State corporations is worrying.
Like in the case of University of Nairobi, the minister illegally dissolved the university council yet he can only appoint two members. What made him assume that he has authority over the rest of the members?
Even in the likely event that his nominees have issues, there is a process of removing them. It is an undisputed fact that the law bars CSs from meddling in the affairs of council and board members.
I would like to thank the Judiciary for stopping the ministers from meddling in the running of parastatals.
Officials managing parastatals must be allowed to have a free hand. Unless this is done, the State corporations will continue under-performing.