Former Public Service Cabinet Secretary (CS) Moses Kuria has issued a sharp rebuttal to former Law Society of Kenya (LSK) President Nelson Havi and prominent lawyer Ahmednasir Abdullahi over their remarks concerning the eligibility of dismissed CSs to hold public office. Kuria’s response comes in the wake of comments made by the two legal experts following the dismissal of 21 Cabinet Secretaries by President William Ruto.
In a recent gazettement, President Ruto officially relieved 21 CSs of their duties, a move that sparked a heated debate on social media. Nelson Havi took to X (formerly Twitter) to express his legal interpretation of the dismissals, stating, “The dismissal means that they are ineligible to hold any public office forever: appointive or elective.” Havi further likened the dismissed CSs to impeached governors and judges found unsuitable to serve, implying a permanent disqualification from public service.
Ahmednasir Abdullahi echoed Havi’s sentiments, reinforcing the notion that the dismissed CSs are barred from holding any public office due to the nature of their termination.
In a fiery response, Moses Kuria challenged the legal basis of the statements made by Havi and Ahmednasir. Kuria argued that the dismissal of a CS does not automatically translate to a lifetime ban from public service. He emphasized that such a blanket disqualification lacks constitutional grounding and is a misinterpretation of the law.
Kuria’s rebuttal highlights the contentious nature of the issue, as opinions remain divided on the legal implications of the dismissals. The former CS underscored the importance of distinguishing between dismissal and impeachment, noting that the latter involves a more rigorous process that includes legislative scrutiny and a clear verdict of misconduct or incompetence.
Legal experts and political analysts have weighed in on the debate, with some supporting Kuria’s stance and others aligning with Havi and Ahmednasir’s interpretation. The controversy has sparked discussions on the legal frameworks governing public service appointments and dismissals, as well as the broader implications for governance and accountability in Kenya.
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