Uhuru Speaks to Thousands of Kenyans in Mombasa -Pic/Uhuru facebook.

Justice and Constitutional Affairs Minister Hon. Mutula Kilonzo has called for Uhuru Kenyatta to resign as Deputy Prime Minister. He basis his argument of a Chapter Six of the constitution. When the post of Prime Minister was created it was given the authority to coordinate and supervise the execution of the functions and affairs of the Government of Kenya including those of ministries. Further the two Deputy Prime Minister positions were created one for the PNU side and the other the ODM side. Hon. Uhuru Kenyatta & Hon. Musalia Mudavadi are the two DPM’s. In presenting his case the Justice and Constitution Affairs points to a recent case involving a British Member of Parliament who resigned but others may point to Paula Jones Versus President Clinton filed 1994 and no calls of resignation were made. The minister should make clear reference to the part of Chapter Six and a make a clear legal opinion.

Chapter Six on Leadership and Integrity 

Article 73 (1) Authority assigned to a State officer—(a) is a public trust to be exercised in a manner that—(i) is consistent with the purposes and objects of this Constitution; (ii) demonstrates respect for the people; (iii) brings honour to the nation and dignity to the office; and (iv) promotes public confidence in the integrity of the office; and  (b) vests in the State officer the responsibility to serve the people, rather than the power to rule them. (2) The guiding principles of leadership and integrity include— (a) selection on the basis of personal integrity, competence and suitability, or election in free and fair elections; (b) objectivity and impartiality in decision making, and in ensuring that decisions are not influenced by nepotism, favouritism, other improper motives or corrupt practices; (c) selfless service based solely on the public interest, demonstrated by— (i) honesty in the execution of public duties; and (ii) the declaration of any personal interest that may conflict with public duties; (d) accountability to the public for decisions and actions; and (e) discipline and commitment in service to the people.

Article 74 Before assuming a State office, acting in a State office, or performing any functions of a State office, a person shall take and subscribe the oath or affirmation of office, in the manner and form prescribed by the Third Schedule or under an Act of Parliament.

Article 75 (1) A State officer shall behave, whether in public and official life, in private life, or in association with other persons, in a manner that avoids— (a) any conflict between personal interests and public or official duties; (b) compromising any public or official interest in favour of a personal interest; or (c) demeaning the office the officer holds. (2) A person who contravenes clause (1), or Article 76, 77 or 78 (2)—(a) shall be subject to the applicable disciplinary procedure for the relevant office; and  (b) may, in accordance with the disciplinary procedure referred to in paragraph (a), be dismissed or otherwise removed from office. (3) A person who has been dismissed or otherwise removed from office for a contravention of the provisions mentioned in clause (2) is disqualified from holding any other State office.

Article 76 (1) A gift or donation to a State officer on a public or official occasion is a gift or donation to the Republic and shall be delivered to the State unless exempted under an Act of Parliament. (2) A State officer shall not— (a) maintain a bank account outside Kenya except in accordance with an Act of Parliament; or (b) seek or accept a personal loan or benefit in circumstances that compromise the integrity of the State officer.

Article 77 (1) A full-time State officer shall not participate in any other gainful employment. (2) Any appointed State officer shall not hold office in a political party. (3) A retired State officer who is receiving a pension from public funds shall not hold more than two concurrent remunerative positions as chairperson, director or employee of— (a) a company owned or controlled by the State; or (b) a State organ. (4) A retired State officer shall not receive remuneration from public funds other than as contemplated in clause (3).

Article 78 (1) A person is not eligible for election or appointment to a State office unless the person is a citizen of Kenya. (2) A State officer or a member of the defence forces shall not hold dual citizenship. (3) Clauses (1) and (2) do not apply to— (a) judges and members of commissions; or  (b) any person who has been made a citizen of another country by operation of that country’s law, without ability to opt out.

Article 79 Parliament shall enact legislation to establish an independent ethics and anti-corruption commission, which shall be and have the status and powers of a commission under Chapter Fifteen, for purposes of ensuring compliance with, and enforcement of, the provisions of this Chapter.

Article 80 Parliament shall enact legislation— (a) establishing procedures and mechanisms for the effective administration of this Chapter; (b) prescribing the penalties, in addition to the penalties referred to in Article 75, that may be imposed for a contravention of this Chapter; (c) providing for the application of this Chapter, with the necessary modifications, to public officers; and (d) making any other provision necessary for ensuring the promotion of the principles of leadership and integrity mentioned in this Chapter, and the enforcement of this Chapter.