President William Ruto. PHOTO[CREDITS]
Overview of the New Cabinet Nominations
On July 25, 2024, President Dr. William Samoei Ruto announced his nominations for the new Cabinet Secretaries. The National Gender and Equality Commission (NGEC) has conducted a preliminary review of these nominations, raising significant concerns regarding the representation of gender, persons with disabilities (PWD), and youth in these appointments.
Gender Representation has Fallen Short of Constitutional Mandates
According to the NGEC, the gender composition of the nominated Cabinet Secretaries does not comply with Article 27(8) of the Constitution of Kenya 2010. Out of the 21 nominees, only 6 are women, while 15 are men. Including the President and Deputy President, both male, the overall gender ratio is 17 males to 6 females. The Constitution mandates that no more than two-thirds of any appointive body should be of the same gender, implying that for a Cabinet of 25 members, at least 8 should be women. The current nominations fall short of this requirement, failing to ensure adequate female representation.
Lack of Representation for Persons with Disabilities
Another critical concern highlighted by the NGEC is the absence of any nominees with disabilities. Article 54(2) of the Constitution of Kenya 2010 stipulates a 5% representation of PWDs in appointive and elective positions. The exclusion of persons with disabilities from the Cabinet nominations is seen as a missed opportunity to promote inclusivity and uphold constitutional commitments to this demographic.
Youth Inclusion: A Silver Lining
Despite the shortcomings in gender and disability representation, the nomination of 32-year-old Eric Muriithi Muuga as the Cabinet Secretary for the Ministry of Water, Sanitation, and Irrigation is a positive step towards youth inclusion. Article 55(b) of the Constitution emphasizes the importance of youth representation in various spheres of life, and Muuga’s appointment is a welcome move towards fulfilling this obligation.
Progress Noted on Marginalized Communities
The NGEC acknowledged that the list of nominees includes members from marginalized communities, in line with Article 56(c) of the Constitution. This effort demonstrates a commitment to ensuring that minorities and marginalized groups have access to high-level government positions, although the overall inclusivity still needs improvement.
Call for Rigorous Vetting and Compliance
In conclusion, the NGEC strongly encourages the appointing authority and the National Assembly to ensure that the final Cabinet list fully complies with constitutional requirements. Rigorous vetting processes should be in place to uphold the principles of equality, non-discrimination, and ethical leadership as outlined in Chapter 6 of the Constitution. The NGEC’s statement serves as a crucial reminder of the need to prioritize gender balance, inclusion of PWDs, and youth representation in government appointments to truly reflect Kenya’s diverse society.
