Constitution of Kenya

152. Cabinet

(1) The Cabinet consists of--

(a) the President;
(b) the Deputy President;
(c) the Attorney-General; and
(d) not fewer than fourteen and not more than twenty-two Cabinet Secretaries.

(2) The President shall nominate and, with the approval of the National Assembly, appoint Cabinet Secretaries.
(3) A Cabinet Secretary shall not be a Member of Parliament.
(4) Each person appointed as a Cabinet Secretary--

(a) assumes office by swearing or affirming faithfulness to the people and the Republic of Kenya and obedience to this Constitution, before the President and in accordance with the Third Schedule; and
(b) may resign by delivering a written statement of resignation to the President.

(5) The President–--

(a) may re-assign a Cabinet Secretary;
(b) may dismiss a Cabinet Secretary; and
(c) shall dismiss a Cabinet Secretary if required to do so by a resolution adopted under clauses (6) to (10).

(6) A member of the National Assembly, supported by at least one-quarter of all the members of the Assembly, may propose a motion requiring the President to dismiss a Cabinet Secretary--

(a) on the ground of a gross violation of a provision of this Constitution or of any other law;
(b) where there are serious reasons for believing that the Cabinet Secretary has committed a crime under national or international law; or
(c) for gross misconduct.

(7) If a motion under clause (6) is supported by at least one-third of the members of the National Assembly--

(a) the Assembly shall appoint a select committee comprising eleven of its members to investigate the matter; and
(b) the select committee shall, within ten days, report to the Assembly whether it finds the allegations against the Cabinet Secretary to be substantiated.

(8) The Cabinet Secretary has the right to appear and be represented before the select committee during its investigations.
(9) If the select committee reports that it finds the allegations--

(a) unsubstantiated, no further proceedings shall be taken;
or
(b) substantiated, the National Assembly shall--

(i) afford the Cabinet Secretary an opportunity to be heard; and
(ii) vote whether to approve the resolution requiring the Cabinet Secretary to be dismissed.

(10) If a resolution under clause (9) (b) (ii) requiring the President to dismiss a Cabinet Secretary is supported by a majority of
the members of the National Assembly--

(a) the Speaker shall promptly deliver the resolution to the President; and
(b) the President shall dismiss the Cabinet Secretary.

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