A possible lacuna in the Kenyan constitution could ignite a serious debate about President Uhuru Kenyatta's powers on sacking Principal Secretaries, who are the chief accounting officers of ministries.
Last year, President Kenyatta dismissed at least 12 Principal Secretaries during the reorganisation of government, but the move could haunt State House, a year later.
Former Tourism PS Fatuma Hirsi, her colleague Lilian Mbogo and 10 others, could wage a successful legal battle against their former employer, lawyer Ahmednasir Abdullahi has predicted.
“Reference has been made to your appointment as Principal Secretary in 2015 following the commencement of His Excellency the President‘s second term of office and the reconstitution of which is now complete, I wish to inform you that you have not been considered for re-appointment as principal secretary," a letter written to Hirsi read as quoted by the Nation.
According to the renowned senior counsel, article 155 of the constitution does not allow President Kenyatta to sack Principal Secretaries.
"Interesting... can H.E Uhuru dismiss Principal Secretaries under Articles 132 and 155? Apparently he cannot...the worst the President can do is "Re-assign". The constitutional rationale is because principal Secretaries are not part of the executive arm of GK," he wrote.
Article 155 states that the President can only reassign Principal Secretaries duties. Further, it adds, only a PS can decide to resign in writing to the appointing authority, the President.
While article 132 says that the President can appoint or dismiss the PS in accordance with article 155, there is no provision in the latter which can give the president powers.