ETHURO'S BILL ON CABINET SIZE NOT FAR ENOUGH

THE STANDARD
NAIROBI, KENYA
April 10, 2009
By Alex Ndegwa

Individuals implicated in corruption may not sit in the Cabinet if Parliament passes a proposed Bill.

A provision to have "high moral integrity" was added among qualifications stated in the proposed Offices of Minister Bill.

The Bill, if enacted, will also guide the appointment of ministers and their assistants.

The Bill proposes a maximum 24 ministries and is likely to reignite debate on a ‘clean and lean’ Cabinet.

Spearheaded by Turkana Central MP Ekwe Ethuro, the Bill could be discussed in Parliament once it reconvenes later this month.

Section 4 of the Bill requires a minister, apart from being an MP, also hold a university degree.

But the International Commission of Jurists (ICJ-Kenya) argues the two qualifications are not sufficient.

High integrity

ICJ-Kenya, in a memorandum to Parliament, wants "high moral integrity" added as a requirement.

They say someone with pending cases in court should not be appointed.

They have also recommended that expertise, regional and one-third gender rule, be considered while appointing ministers.

The preamble to the proposed Bill states: "It is an Act of Parliament to establish the offices of Ministers and Assistant Ministers of the Government of Kenya, to provide for their functions, powers, privileges, and appointment thereto and for connected purposes."

The Bill follows a private member’s Motion sponsored by Mr Ethuro, and seeks legislation to curb arbitrary creation of ministries.

Ethuro yesterday announced he would republish the Offices of Minister Bill, which was time-barred upon expiry of the last session.

During debate, MPs criticised the bloated Cabinet, saying it was a burden to taxpayers.

Short of half

There are 40 Cabinet ministers and 52 assistant ministers, not far short of half the total number of MPs.

MPs said the President has exercised the discretion to appoint any number of ministers often for political expediency.

"The Bill is largely a good initiative and will bring order in the function of Cabinet and provide Parliament with an opportunity to check the Executive," ICJ-Kenya states in the memorandum.

It adds: "It is envisioned that with an Act of Parliament guiding the appointments of ministers, the exercise will be less politicised and instead be more service delivery and representative oriented."