THE EXECUTIVE ORDER OR HARD “POLITRICKS” ?
By Fredrick Tsombe Okango
Article 147 of th Constitution of Kenya 2010 outlines the functions of the Deputy President among them : The Deputy President shall be the principal assistant of the President and shall( this function is Mandatory) deputise the President in the execution of the President’s functions and he/she shall perform the functions conferred by the Constitution and any other functions of the President as the President may assign.
The constitution also says that Subject to Article 134, when the President is absent or is temporarily incapacitated the Deputy Presidebt shall act as the president and of course during any other period that the President decides.
That means the executive order by the president is within his constitutional mandate as provided for in Article 132 (3) (b) and (c) of the CoK 2010 The President shall ( Mandatory) direct and co-ordinate the functions of ministries and government departments ; and by a decision published in the Gazette, assign responsibility for the implementation and administration of any Act of Parliament to a CS.
Further in subarticle 4 The President may— (Discretionary) perform any other executive function provided for in this Constitution or in national legislation and, except as otherwise provided for in the Constitution, may establish an office in the public service in accordance with the recommendation of the Public Service Commission;
Having said that,it will be important to understand that this executive order is politically timed .The timing is coming at a time when the DP has been ACTIVELY executing his roles of principle assistant to the president particularly in the supervision of government development projects.
Historians will remind us about this statement
“I resigned because I didn’t want to get paid without working for the functions of my office were taken over by Mzee Kenyatta and my office was taken over by cabinet ministers allied to Jomo,”~Jaramogi Oginga Odinga, April 14, 1966.
Intresting days ahead and that’s why for us we must #PunguzaMizigo to streamline the government operations within the constitutional framework.