In a letter, Duale questions why the President has not yet appointed the Secretary to the Cabinet, a position he said plays a crucial role in the power transition after polls.
The former National Assembly Majority Leader argues in his letter that in the event there will be no petitions, the President-elect will be sworn in on the first Tuesday following the 14th day after the declaration of the presidential election results.
In his letter addressed to the National Assembly Speaker, Justin Bedan Muturi, Duale noted that it is crucial that a direction is given on the appointment of a person to hold the Office of the Secretary to the Cabinet, failure to which a late appointment may jeopardize the assumption of office of the next president.
“Honourable Speaker, as it is presently, there is no person holding the Office of the Secretary to the Cabinet in terms of Article 154 of the Constitution. The Assumption of the Office of the President Act No. 21 of 2012 clearly stipulates that the leadership of the Committee is to be headed by the Secretary to the Cabinet,” Duale’s letter reads in part.
“…a person nominated to the position of the Secretary to the Cabinet, must be approved by this House in accordance with Article 154 of the Constitution, and considering that the House is set to proceed to sine die in less than four weeks. If this is not done, the assumption process for the next President-elect may be jeopardized.”
Duale asked the Speaker to compel the Chairperson of the Departmental Committee on Justice and Legal Affairs (JLAC) to provide a statement with answers since the Secretary to the Cabinet should be approved by Parliament and the House would soon be heading for an adjournment.
“In the statement, the Chairperson should explain the steps being taken to ensure that the leadership of the Committee on the Assumption of the President is put in place in time.
“Failure to have these steps put in place, I wish to request your consent, Honourable Speaker, for this House to legislate on this matter with a view to addressing the possibility of a lacuna in the leadership of the said Committee and further request your consent to have the expedited publication and consideration of such a Bill by this House,” he added.
The position has been empty since 2015 when the National Assembly rejected President Uhuru’s nominee for the position, CS Monica Juma.
CS Juma, who was later appointed Cabinet Secretary, had previously served in the position in an acting capacity before Parliament rejected her appointment.