Constitution of Kenya (Repealed) - Kenya Law Reports

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16 Constitution of Kenya[Rev. 2009(a) the appointment and termination of office of the PrimeMinister, Deputy Prime Ministers and Ministers;(b) the functions and powers of the Prime Minister and DeputyPrime Ministers;(c) the establishment of a coalition Government;(d) any other matter incidental to or connected with theforegoing.(4) Subject to the provisions of any Act made under subsection (3),the Prime Minister and the Deputy Prime Ministers shall be Ministersof the Government of Kenya.(5) The Act made pursuant to subsection (3) immediatelyfollowing the commencement of this section shall, while in force, beread as part of this Constitution.(6) Nothing contained in or done under the authority of an Act ofParliament made pursuant to subsection (3) immediately following thecommencement of this section shall be held to be inconsistent with orin contravention of any provision of this Constitution.PART 2Ministers and the CabinetMinisters ofGovernment ofKenya.9 of 1997, s. 4.16. (1) There shall be such offices of Minister of the Governmentof Kenya as may be established by Parliament or, subject to anyprovisions made by Parliament, by the President.(2) The President shall, subject to the provisions of any writtenlaw, appoint the Ministers from among the members of the NationalAssembly:Provided that, if occasion arises for making an appointment tothe office of any Minister while Parliament stands dissolved, a personwho was a member of the National Assembly immediately before thedissolution may be appointed to that office.(3) The office of a Minister shall become vacant -(a) if the President so directs; or(b) if the holder of the office ceases to be a member ofthe National Assembly otherwise than by reason of thedissolution of Parliament; or(c) in the case of a Minister who, immediately before thedissolution of Parliament, was a member of the NationalAssembly, if, when the Assembly first meets after that
Rev. 2009]Constitution of Kenya 17dissolution, he is not then a member thereof.(4) Whenever a person is elected to the office of President, theoffices of all Ministers then holding office shall become vacant uponthe occasion of the President first making one or more appointmentsto the office of Minister.17. (1) There shall be a Cabinet consisting of the President, theVice-President, Prime Minister, two Deputy Prime Ministers and theother Ministers.Cabinet.3 of 2008, s. 4.(2) The function of the Cabinet shall be to aid and advise thePresident in the government of Kenya.(3) The Cabinet shall be collectively responsible to the NationalAssembly for all things done by or under the authority of the Presidentor the Vice-President or any other Minister in the execution of hisoffice.(4) The provisions of subsections (2) and (3) shall not apply inrelation to -(a) the appointment and removal from office of the Vice-President, Ministers and Assistant Ministers under sections15, 16 and 19, the assignment of responsibility to anyMinister under section 18, or the giving of consent undersection 20 to the Vice-President, a Minister or an AssistantMinister absenting himself from Kenya;(b) the dissolution of Parliament; or(c) the matters referred to in section 27 (which relates to theexercise of the Prerogative of Mercy).18. Responsibility for any of the business of the governmentof Kenya, including the administration of any of the departments ofGovernment, may be assigned to the Vice-President and the severalMinisters as the President may, by directions in writing, determine.19. (1) The President may appoint Assistant Ministers from amongthe members of the National Assembly to assist the President, Vice-President and Ministers in the performance of their duties:Provided that, if occasion arises for making an appointment whileParliament stands dissolved, a person who was a member of the NationalAssembly immediately before the dissolution may be appointed as anAssistant Minister.Allocation ofportfolios toMinistersAssistant Ministers.(2) The office of an Assistant Minister shall become vacant -
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