Beruflich Dokumente
Kultur Dokumente
CABINET OFFICE
NOVEMBER 2005
TABLE OF CONTENTS
CHAPTER ONE: THE EXECUTIVE...................................................................................1
1.1 The Executive ............................................................................................................1
1.2 President’s Functions and Powers .............................................................................1
1.3 Vice-President’s Roles...............................................................................................1
1.4 Minister’s Responsibility and accountability.............................................................1
1.5 Functions and Powers of Ministers............................................................................2
1.6 Acting Ministers.........................................................................................................3
1.7 Minister’s Personal Conduct......................................................................................3
1.8 Minister’s Personal Staff...........................................................................................3
1.9 Ministers and the Law................................................................................................3
1.10 Relations with the Judiciary and Other Government Agencies ................................4
1.11 State Corporations and Other Bodies.........................................................................4
1.12 Minister’s Relations with the National Assembly .....................................................5
1.13 Minister’s House Duties ............................................................................................5
1.14 Assistant Ministers.....................................................................................................7
1.15 Ministers and Assistant Ministers’ Travel Coordination ..........................................7
1.16 Security ......................................................................................................................7
1.17 Cabinet, Institutional and Personal Records ..............................................................8
1.18 Conflict of Interest .....................................................................................................8
1.19 Invitations ..................................................................................................................8
CHAPTER TWO: PERMANENT SECRETARIES..........................................................10
2.1 Permanent Secretary, Secretary to the Cabinet and Head of the Public Service ....10
2.2 Roles of Permanent Secretaries ...............................................................................10
2.2.1 Permanent Secretary as an Accounting Officer. ......................................................11
2.2.2 Permanent Secretary as Authorised Officer ............................................................12
2.3 Financial Conflict between a Permanent Secretary and his Minister .....................13
2.3.1 Conflict between a Permanent Secretary and his/her Minister on matters relating
to Staff Management...............................................................................................13
2.4 Financial and Resource Management ......................................................................14
CHAPTER THREE: THE ROLE OF PARLIAMENT .....................................................15
3.1 Legislative Programme ............................................................................................15
3.2 Speaker of the National Assembly...........................................................................16
3.3 Clerk of the National Assembly...............................................................................16
3.4 Parliamentary Clerks................................................................................................16
3.5 Leader of Government Business- House Duties......................................................16
3.6 Parliamentary Committees and the Role of Departmental Officials ......................17
CHAPTER FOUR: KEY DEPARTMENTS IN GOVERNMENT OPERATIONS AND
MANAGEMENT ...................................................................................................................19
4.1 Background ..............................................................................................................19
4.2 The Attorney General ..............................................................................................19
4.3 Cabinet Office..........................................................................................................20
4.4 State House ..............................................................................................................21
4.5 The Ministry Of Finance.........................................................................................21
4.6 The Public Service Commission (PSC) ...................................................................22
4.7 Directorate of Personnel Management (DPM) ........................................................23
ANNEXES ..............................................................................................................................24
Annex A ...............................................................................................................................24
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A.1 Cabinet Decision Making ........................................................................................24
B.2 Basic Rules for Cabinet Business ............................................................................25
B.3. Cabinet and its Committees .....................................................................................26
B.4. Legal Notices ...........................................................................................................27
B.5. Financial Procedures................................................................................................27
Annex C ...............................................................................................................................27
C.1 Appointments...........................................................................................................27
Annex D ...............................................................................................................................28
D.1 Cabinet, Institutional and Personal Records. ...........................................................28
Annex E ...............................................................................................................................29
E.1 Basic Principle on quasi-judicial tribunals ..............................................................29
E.2 Dealings with Quasi-Judicial Tribunals within the Ministry...................................29
E.3 Dealings with Quasi-judicial Tribunals on Behalf of Constituents ........................29
Annex F Dealings with State Corporations .....................................................................30
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FOREWORD
Kenyans are expecting better services from their government and its public
service. The Government must lead in adapting our political and other institutions to
enhance confidence in our system of government. To this end, we must recognize and
strengthen the critical roles of the three arms of Government. The core principles of my
government will be transparency, accountability, financial responsibility and ethical conduct.
Kenyans must have faith that their government is managing their affairs in an open, honest
and transparent manner.
• Integrity: You must uphold the highest ethical standards so that public
confidence, trust in the honesty, objectivity and impartiality of government are
upheld. Ministers in particular, have an obligation to perform their official duties
and arrange their private affairs in a manner that bears the closest public
scrutiny. This obligation is not fully discharged merely by acting within the law.
• Public confidence: You must always preserve the public confidence in the
integrity of management and operations within your Offices. You must carry out
powers, duties and functions of your offices in accordance with the constraints
provided by the law.
• Confidentiality: Ministers and Assistant Ministers are bound by the oath of Office.
This oath requires you to uphold the constitution and the confidentiality of cabinet
decisions. You are also expected to uphold the principle of collective
responsibility.
MWAI KIBAKI
PRESIDENT
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CHAPTER ONE: THE EXECUTIVE
1.1 The Executive
The President, who is both head of state and government, is above all, responsible
for appointing members of the Cabinet and for providing the leadership necessary to
maintain the unity of the Government. This unity is essential if the government is to
maintain the confidence of Kenyans.
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assigned to them by the President. The Ministers are therefore expected to uphold
both the individual and collective responsibilities
The President, through Presidential Circulars spells out the duties of Ministers. On
the other hand, the relevant statutes vest ministers with powers used for the day-to-
day management of their ministries. These powers are held in trust of the State.
The powers are then delegated to Permanent Secretaries and heads of department
to exercise on their behalf. Despite this arrangement, Ministers are responsible to
the National Assembly individually and for actions of subordinate staff and bodies
falling under their ministry. The Ministers are particularly charged with the
responsibility of:-
The ministers also oversee state corporations falling within their mandate and which
maintain unique relationships with the line ministry. However, all these state
corporations are answerable to the National Assembly through them.
The Minister, in addition to the other roles given, is responsible for coordination of
overall governance, legislation and programmes to meet the objectives of the
ministry. These roles are played through the assistance of the Permanent Secretary,
who is his/her principal adviser on all matters of the ministry’s management. The
Permanent Secretaries are responsible for policy implementation coordination and
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harmonization of activities. Ministers should also guide state corporations under
their ministry to contribute to the overall objective of the ministry.
The President can appoint a Minister to act in another Ministry during the absence of
a colleague. In such a case, the acting Minister may exercise the full powers of the
Minister, but is highly advised not to make major decisions during the acting
capacity. Should a need for making such a decision arise, the acting minister is
advised to consult the Permanent Secretary, his or her colleagues or the President.
The President holds Ministers to the highest standards of conduct for all their
actions, including those that are not directly related to their official functions.
Ministers are therefore expected to adhere to the Public Officer Ethics Act, 2003 in
all circumstances, whether acting as a Minister, a Member of Parliament or a private
citizen. This is meant to uphold the image of the minister as an individual as well as
that of the government
The ministers must also act with honesty and must uphold the highest ethical
standards to ensure that public confidence and trust in the integrity, objectivity and
impartiality of government are maintained and enhanced. Ministers, have an
obligation to perform their official duties and arrange their private affairs in a manner
that will bear the closest public scrutiny. This obligation is not fully discharged merely
by acting within the law.
Ministers are responsible for the operations in their offices. The minister is assigned
a Personal Assistant who is a Government employee. The Personal Assistant is
expected to carry out his duties in a non-partisan manner, observe the principle of
confidentiality, liaise with the departments and provide general assistance to the
Minister in all official matters.
All government activity must be implemented in accordance with the law. Ministers
having any doubts on the legality of a particular action should refer to their
Permanent Secretary or seek legal advice from the Attorney General. As much as
possible, ministers should be guided by the various statutes and regulations
governing the management of their Ministries.
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1.10 Relations with the Judiciary and Other Government
Agencies
The President expects Ministers and their staff not to intervene, or appear to
intervene, on behalf of anyone, including constituents, with the Judiciary concerning
any matter pending before the courts.
Ministers and their staff are also expected not to intervene, or appear to intervene,
on behalf of anyone, including constituents, with judicial tribunals on any matter
before them that requires a decision in their judicial capacity, unless otherwise
authorized by law. Ministers are therefore responsible for ensuring that they and
their staff understand and respect the need for non-interference and an arm’s length
relationship with these organizations should be maintained.
While Ministers need to be in contact with the agencies within their own Ministries on
a broad range of matters, governing statutes give some bodies such as State
Corporations a degree of independence from Ministry’s direction. A Minister’s degree
of control and responsibility on these organizations is defined in the Act that
establishes them. They must also understand and respect their arm’s length
relationship with them.
There are situations when the office of a Minister can expect requests for assistance
from other members of the Parliament on behalf of their constituents. When such an
intervention is requested on a judicial matter, the office should indicate that it is not
possible by any Minister and suggests that the constituent deal directly with the
agency. However, Ministers and their staff may seek information that is available to
the public
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Permanent Secretaries can provide advice to Ministers on these issues, particularly
in the context of integrated Ministry management.
Though the minister should keep cordial relations with independent decision-making
tribunals falling under his/her ministry’s mandate, he/she should never at any one-
time try to influence their decision-making. The heads of such bodies are appointed
by the President on advice of the Permanent Secretary and minister in charge. Some
of the bodies answer directly to the minister while others answer to parliament.
However when heads of such bodies appear before the parliamentary committees,
they do so under the principle of ministerial responsibility and neutrality of the public
service.
Parliament confers powers of State to Ministers on the condition that they, and
through them the officials under their management and direction, are accountable to
Parliament for their actions. Parliament also reviews government spending as a key
element of this accountability.
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Piloting their own legislation through the House and to appear before Parliamentary
committees as required. In relation to debates in the House, standing orders also
require that members of parliament declare any pecuniary interest before
participating in the consideration of any item of business. Occasionally, a minister
may find that he or she has a conflict concerning a bill, or part of a bill, for which she
or he has portfolio responsibility. Any issue of this sort must be discussed in
advance with the President, the leader of Government business in the house and the
Chief Whip.
Responding to private Members motions. Under the Standing Orders, all private
Members’ motions are votable. The government determines its position on all Private
Members’ motions. If a motion specifically opposes government policy, Ministers
who are responsible for the policy should ensure that Members of Parliament are
informed about the government’s position, and seek their support on the same.
Ministers’ duties and relations with Parliament are very demanding and require
significant support, particularly in question period and committee work. They require
careful daily and long-term coordination with the Chief whip and the Leader of
government business in parliament.
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1.14 Assistant Ministers
Upon appointing an Assistant Minister, the President sets out his/her specific roles in
a letter of appointment. The Minister then outlines roles in writing that are more
detailed, bearing in mind that he is responsible for responding to any broad direction
on priorities conveyed by the President. An Assistant Minister may be assigned a
Department to supervise under the direction of the minister. The Permanent
Secretary to ensure that the senior Staff of the respective Department gives the
Assistant Minister the necessary cooperation and support. They may also be called
upon to answer policy questions during question period in the Minister’s absence.
Assistant Ministers have a particular responsibility in:
All proposed Minister and Assistant Minister’s travel abroad is authorized by the
President well in advance and in writing. Ministers are also expected to consult the
Leader of the Government Business in Parliament and the Government Chief Whip
and to ensure the availability of acting Ministers. When making use of government
aircraft, Ministers should make every effort to ensure joint travel in the interests of
efficient use of government resources.
Ministers and Assistant Ministers should limit travels abroad, especially while
Parliament is in session.
While travelling abroad on official or private matters, they must inform the Ministry of
Foreign Affairs in advance to facilitate their security among other considerations. On
return, all goods acquired by ministers abroad are subject to normal customs
requirements and examination, and must be declared on arrival and relevant duties
paid for personal goods.
1.16 Security
The Cabinet Office briefs Ministers on applicable security requirements, from time to
time. During their tenure of office and after, all Ministers and Assistant Ministers are
bound by the Oath of Office, the Official Secrets Act as well as the Public Officer
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Ethics Act and must therefore maintain confidentiality at all times. In addition, they
must ensure that cabinet information is not released without Cabinet Office approval.
Permanent Secretaries are accountable to their Ministers for the security of
departmental personnel, information, facilities and other assets. All individuals who
work in or for Ministers’ offices must be vetted and approved before appointment. In
addition, Ministers have been granted armed police security throughout. The officers
are always in contact with the wider police network in case additional back up is
necessary. However, Ministers should not hesitate to inform their Permanent
Secretaries if increased security is needed.
Private and public records of ministers must be filed separately for operational
efficiency and confidentiality while at the same time ensuring compliance to the
applicable laws.
Ministers are bound by the Public Officers code of conduct with effect from their first
day of appointment. They are also subject to the Parliamentary Standing Orders
and the Public Officer Ethics Act 2003 in their capacity as Members of Parliament.
The Speaker of the National Assembly is responsible for administering both codes,
investigating allegations against Ministers and other senior officials involving conflicts
of interest, applying compliance measures and briefing Ministers on their
responsibilities under the codes. The Ministers should also try to control the
behaviour of their immediate families or relatives whose actions are likely to bring
ridicule or disrespect to the Government.
Ministers are accountable to the President for their adherence to the provisions of
the Public Officers Ethics Act 2003, which inter alia stipulates that:
Ministers should declare their assets and liabilities annually
Ministers are also held accountable by Parliament for their adherence to the
provisions of the Public Officer Ethics Act 2003 in their capacity as Members of
Parliament.
1.19 Invitations
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Ministers must be aware that some invitations may come from individuals or groups
with dubious motives or backgrounds. The purpose for such invitation must be well
explained and the Minister has to be cleared by the Government to attend. Any
comments he/she makes in his private capacity do not reflect the official position of
the government.
Ministers are expected to exercise discretion at all times. They are responsible for
ensuring the bona fides of those with whom they have dealings. When there is any
doubt about accepting an invitation, inquiries should be directed to the Permanent
Secretary, Secretary to The Cabinet and The Head of Public Service for advice. The
Permanent Secretary, Secretary to The Cabinet and The Head of Public Service will
then make inquiries, offer general advice to the Minister and arrange briefings as
may be necessary.
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CHAPTER TWO: PERMANENT SECRETARIES
The Permanent Secretary, Secretary to the Cabinet and Head of the Public Service
is a non-partisan public servant appointed by the President under section 22 (2) of
the constitution. He is the President’s Permanent Secretary and is responsible for
the following other functions:
All Permanent Secretaries report to the Head of Public Service and have a duty to
brief him on all staffing, operational problems and major policy issues in their
ministries.
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2.2.1 Permanent Secretary as an Accounting Officer.
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• Provide strategy for linking of resources to objectives and their effective
utilization and achievement of predetermined goals after critical Policy
Analysis.
• Arrange activities of his/her Ministry/Department in a coordinated manner to
facilitate expedient execution of the activities/services and be capable of
controlling and adhering to objectives of Financial Administration. He/she
should not only guard against losses but also against irregularities and
wastage. He/she should also help in identifying the weak points in the
systems, which can be sorted out promptly to remedy the situation and hence
safeguard public funds.
The Permanent Secretaries, being the chief executive officers of the ministry are
expected to manage staff working under them to attain the goals of the ministry.
They do this through powers delegated to them by the Public Service Commission
vide CAP 185 (laws of Kenya). These powers are applied in management, hiring,
and terminations of services of public servants.
The exercise of these powers can however be challenged by any aggrieved public
servant by appealing to the Public Service Commission. Such an appeal must
however pass through the respective Permanent Secretary.
The Public Service Commission has further empowered Permanent Secretaries to:
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2.3 Financial Conflict between a Permanent Secretary and his
Minister
The Minister and the Permanent Secretary may at times disagree on an important
matter affecting the financial administration of the ministry. In a case where a
minister insists on implementing a policy in a manner seen as wasteful and
extravagant by the Permanent Secretary, while still noting that an accounting officer
has a duty to obey minister’s instructions, he/she must ensure that the ministry is
administered economically and efficiently. The Accounting Officer should not
however hesitate to register his/ her objections on any course of action he she
regards as inconsistent with duty. The Accounting Officer should also record such
an objection, which he may find difficulty in defending as a measure of prudent
administration before the Public Accounts Committee. Having done that, the
Accounting Officer must then accept the course of action taken by the minister and
defend the action taken by citing the policy ruling given by the minister.
In case the matter of the Accounting Officer’s objection involves his personal liability
on an issue of regularity or propriety, the accounting officer should both register the
objection in writing and grounds for it but also request written instruction from the
minister authorizing the action and over ruling the Accounting Officer’s advice.
Finally, after taking such an action, he/she should inform the Treasury of the
circumstances and then communicate the papers to the Controller and Auditor-
General. If these procedures are followed faithfully, then the Public Accounts
Committee may consider absolving him/her of any personal blame for the loss or
misappropriation.
The departmental heads reports to the Minister through the Permanent Secretary in
a clear chain of command. The President appoints Permanent Secretaries, whereas
the Public Service Commission appoints Deputy Secretaries, Heads of Departments
and other officers. The accountability of departmental staff is to the Minister through
the Permanent Secretary, but the Minister is accountable to the National Assembly
and the President.
Public officials must work within the laws of Kenya, and maintain political neutrality
while in the Public Service. This ensures their continuing ability to provide
professional, candid and frank advice. In no circumstances should departmental
officials be asked to participate in partisan political activities. Public Officer Ethics
Act, 2003 stipulates that all public officials are responsible for preserving public
confidence in the integrity of management and operations within their departments.
On Matters of Staff management, the ministers should adhere to the rules governing
personnel matters in their ministries. The responsibilities of hiring, promotion and
discipline rest with the Public Service Commission.
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The Public Service Commission has partly delegated some of these responsibilities
to the Permanent Secretaries as Authorised Officers.
Both statutes and Treasury circulars guide the use of public funds as spelt out in the
Exchequer and Audit Act. They:-
• Spell out Control and Management of Public finances (i.e. Management of
public finances, Powers of Treasury, Control of expenditure and revenue,
Bank Accounts)
• Set out the duties and powers of the Controller and Auditor General
• Spell out procedure for the Collection, issue, and payment of public moneys
(i.e. the exchequer account, Consolidated fund, Bank returns, granting of
credits on exchequer account, issue from the exchequer account to be paid
into the bank account, overdraft on exchequer account, issue from the
Consolidated fund, investment of moneys in consolidated fund).
• The Audit of Public Accounts and the Protection of Public property (i.e. annual
accounts, reports on accounts, notification of irregularities to Treasury, power
to dispense with examination of certain accounts.
• Spell out procedures for Audit of Accounts of local authorities, submission of
accounts, powers of Controller and Auditor General and other auditors, report
of Controller and Auditor – General contracting policies and procedures.
• Outline controls of finances of statutory boards, commissions and bodies, (i.e.
Appointment and power of the Controller and Auditor- General, expenditure
authorization, and accounting, submission of accounts of State Corporations
In the execution of this role, the Permanent Secretaries should ensure that all
expenditures in his Ministry are properly and prudently managed and are related to
the conduct of official business.
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CHAPTER THREE: THE ROLE OF PARLIAMENT
The first stage in this process is preparing of a draft bill by the ministry sponsoring
the proposed bill to the Cabinet. Before submission to the cabinet, the ministry
concerned is responsible for discussing with the Treasury the financial implications
of the draft bill, other ministries concerned and indeed all other stakeholders. The
draft should be in a simple language clearly stating the objectives, purpose,
background and other existing legislation affecting the subject. After Cabinet has
approved a Ministry’s draft bill, the bill is forwarded to the Attorney General for
finalisation. The pace of presenting drafted bills to parliament is set by the leader of
Government business in the House in close consultation with ministers sponsoring
them. The Leader of the Government Business is supported in this regard by his or
her own Ministry staff, the Cabinet Office, the Deputy House Leader and the
Government Chief Whip.
Expenditure of public funds before appropriation is provided for under section 101 of
the Constitution of Kenya, which states:
“If the appropriation Act for a financial year has not come into
operation, by the beginning of that financial year, the National
Assembly may, by vote on account authorise the withdrawal
from the consolidated fund of moneys (not exceeding in total
one-half of the sums included in the estimates of expenditure
for that year that have been laid before the assembly) for
purposes of meeting expenditure necessary to carry on the
services of the Government of Kenya during that year until
such a time as the appropriation Act comes into operations,
but any moneys so withdrawn shall be included, under
separate votes for the several services in respect of which
they were withdrawn, in the Appropriation Act”
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The Exchequer and Audit Act sets out the principles underlying the sovereignty of
Parliament in the raising and spending of public money. Revenue can only be raised
and spent or borrowed by the government with the authority of Parliament. Regular,
ongoing Parliament spending reviews are part of ensuring that taxpayer monies are
aligned with the priorities set by Kenyans, and that the government’s management of
the public funds is credible and avoids waste. Ministers must be prepared to respond
to questions on spending for which they are responsible.
The Speaker is elected from among members of the National Assembly or any other
qualified person. He is an ex- officio member of the house. His prime duty is to
enforce the rules of the house to ensure order in the conduct of parliamentary
business. He is the spokesperson of the House. The Speaker is required to be
authoritative and impartial in the conduct and control of the business and in
application of rules of practise and procedure. He certifies all bills sent to the
President for assent.
The Clerk is the Accounting Officer of the National Assembly and is responsible for
the application of the correct procedure in the process of legislation. The Clerk also
advises on the interpretation of standing orders, privileges, rights and immunities of
Parliament for the good order and conduct of the honourable members. He is
responsible for compiling the journals of the House and acts as a custodian of all
records and documents laid before Parliament. He endorses all bills sent for
Presidential assent.
Parliamentary Clerks form a fundamental link between Ministers and The National
Assembly. In committees, they help in sharing departmental information and work
with committee chairpersons to plan appearances of Ministers and Government
officials in order to ensure a productive dialogue.
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responsible for ensuring that their legislation is piloted through Parliament and that
questions related to their Ministries are answered.
The principles of accountability and responsibility guide Ministers and their officials
appearing before Parliamentary committees. Ministers are responsible for providing
answers to Parliament on questions regarding the government’s policies,
programmes and activities, and for providing as much information as possible about
the use of powers assigned to them or delegated by them to others.
Ministers are also responsible for deciding which questions they should answer
personally and which questions their Assistant Ministers may answer on their behalf.
Officials can assist Ministers by factually answering questions at Parliamentary
committees, but they are explaining rather than defending or debating policies. When
appearing before this committee, officials maintain the traditional impartiality of the
Public Service. The authoritative political presence of either the Minister or his or her
political representative is required if politically controversial matters are likely to
arise.
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Public officials also have a duty and specific legal responsibility to hold in confidence
information that may have come into their possession in the course of their duties.
Therefore, when appearing before Parliamentary committees, they are bound by
these legal obligations, as well as an obligation to the Minister and to the
government, not to disclose information that is confidential for reasons of national
security or privacy, or because it consists of advice to Ministers as provided for in the
Official Secrets Act. In practice, officials should endeavour to work with Members of
Parliament, in cooperation with Ministers and their offices, to find ways to respond to
legitimate requests for information from Members of Parliament, within the limitations
placed on them. In the context of a committee, releasing information that is not in the
public domain can only be made available on the specific authorization of the
Minister, and within the context of the Official Secrets Act.
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CHAPTER FOUR: KEY DEPARTMENTS IN GOVERNMENT
OPERATIONS AND MANAGEMENT
4.1 Background
The constitution, under section 26, makes a special provision for the office of the
Attorney - General in the public office and Section 109 empower the President to
appoint the Attorney General. The Attorney General is not responsible to a Minister
in the exercise of his/her professional Judgement or of his statutory powers. Further,
the Attorney General is not subject to the direction or control of any other authority
and indeed enjoys security of tenure.
The Attorney General is responsible for drafting bills emanating from ministries after
receiving Cabinet approval. The bills are then presented to Parliament for
deliberation.
A request for legal advice should be addressed to the Attorney-General under the
signature of the Minister or the Permanent Secretary to the Ministry concerned. The
request should summarize the issue and state clearly the specific points on which
advice is required. All relevant papers should be attached and referenced.
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Permanent Secretaries are required to seek the advice of the Attorney General
before they can commit the government in any contract to make sure that it complies
with the provision of the Kenyan Law and policy. The Attorney General must be
involved in all agreements for financing and loans. The Attorney General must
always be involved in drafting of treaties, conventions and all other manner of
international instruments to ensure, firstly, the proper legal express of national
interest in such documents and secondly that obligations emanating from such
international legal instruments area capable of performance in the Republic of
Kenya and in accordance with its laws. He must also be involved in drafting treaties,
conventions and other agreements.
The Attorney General also undertakes to represent government in all cases brought
against it. Permanent Secretaries are required to seek a no objection letter from the
Attorney General before they can engage the services of a private Lawyer to act on
behalf of the government.
The Cabinet Office provides the President with public service support and directly
assists the President in performing all of his or her duties and responsibilities as
head of state and government. It is also the Cabinet Secretariat. Through ongoing
consultation with departments and agencies, the Cabinet Office provides the
President with comprehensive information and analysis on contemplated policies
and priorities. Specifically, it provides information on organization of the government
and its relations with Parliament and the judiciary. It further provides information on
appointment of holders of senior offices, overall spending programme of the
government, functioning of the cabinet decision-making system, development of
major policies, management of intergovernmental relations and other specific issues.
The Cabinet Office also provides the necessary support to the Vice President and to
the other Ministers.
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therefore be coordinated to ensure they are consistent with overall government
objectives and decisions.
The President expects Ministers to consult well with other colleagues, affected
stakeholders, their Permanent Secretaries and the Public Communications Secretary
on all impending public announcements.
State House consists of the President’s personal and Public service staff under the
Private Secretary/Comptroller of State House. The Office serves the President and is
fully accountable to him or her.
State House supports the President in exercising his or her duties as head of State
and government, leader of a political party and Member of Parliament. The personal
staff in State House provides advice on policy development and appointments,
discuss Parliament proceedings with him or her, and facilitate the President’s
relations with Ministers, the MPs and the Government as a whole.
In addition, State House schedules the diary, organizes his or her public statements,
relations with the media and handles his or her correspondence.
In general, State House plays an important role in enabling the President to guide
the political strategy of the government and is the central point of communication and
coordination with Ministers, Civil Service and Members of Parliament. It also works
closely with the Cabinet Office to provide advice and support from different
perspectives on the issues of daily concern to the President.
The Treasury means the Minister for the time being responsible for Finance and
such other officer or officers of his Ministry as may deputize him to exercise and
perform on behalf of the Treasury any powers or duty conferred or imposed on the
treasury by any written law. The Minister of Finance delegates to the Permanent
Secretary to the Treasury to exercise and perform on behalf of the Treasury the
powers and duties conferred and imposed on the Treasury by the Exchequer and
Audit Act (Cap.412).
The responsibility for management, supervision, control and direction of all matters
related to the financial affairs of Kenya which are not assigned to any other Act, are,
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vide section 3 of the Exchequer and Audit Act, vested in the Minister responsible for
finance. Under various specific Acts of Parliament the Minister is further charged
with the responsibility of regulating financial control and management to ensure due
compliance with the functions set out in those Acts. The Minister for Finance
discharges his responsibilities through formulation and promulgation of regulations
under powers given to him vide section 34 (1) of the Exchequer and Audit Act
(Cap.412).
The Directorate of public procurement has been created to establish and oversee
proper procedures for procure of goods and services and the disposal of
unserviceable, obsolete or surplus stores and equipment. The directorate is
responsible for the following key functions:
Under the Exchequer and Audit Act (regulation 2001), the Public Procurement
review board was created to arbitrate all appeals that may arise in procurement and
disposal.
Section 106 of the constitution of Kenya establishes the Public Service Commission
whose members the President appoints. The commission is bestowed with the
following responsibilities:-
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4.7 Directorate of Personnel Management (DPM)
The role of DPM is to provide specialized services and advice to the Government
Ministries, Departments, Local Authorities and Public enterprises on human resource
management and development. The Department has the following key functions:
Formulating Human resource management and development policies, rules and
regulations in the public sector
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ANNEXES
Annex A
Given that civil servants play an important role in the development of policy and
consultations supporting it, they may attend Cabinet meetings upon invitation by the
President or Cabinet committee meetings on the invitation of the chair. They can
also enhance the decision making process through stakeholders consultations and
briefings to the Ministers.
Where a statutory decision or action would affect the collective interest of the
government, the minister should not take the relevant action or decision without
consulting the other colleagues at an early stage and submitting a paper to the
Cabinet (Via the appropriate Cabinet Committee). The paper should include the
minister’s recommended action or decision, and preferably analysis of other options
that commend themselves to the Cabinet. This will ensure that the decision
ultimately taken by the minister, via the collective process, is justifiable in terms of
the statutory decision making process that the minister has undertaken, and will
reduce the risk of judicial review.
Ministers must use their judgement in deciding which matters concerning the
exercise of their individual statutory powers would affect the collective interest of the
government and should therefore be brought to Cabinet. The following matters must
be submitted to Cabinet:: significant policy issues; proposal that will affect
government’s financial position or important financial commitments; matters
concerning the machinery of the government, proposals involving new legislation or
regulations; government response to select committee recommendations; matters
concerning portfolio interests of a number of ministries; controversial matters; all but
minor public appointments, international treaties and agreements and the release of
public discussion documents or reports of a substantive nature affecting government
policy or government agencies.
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B.2 Basic Rules for Cabinet Business
A number of basic ground rules for the conduct of Cabinet business are essential to
maintain Cabinet Solidarity and enhance its practical effectiveness.
The President organizes Cabinet and Cabinet business and chooses committee
chairpersons to act on his or her behalf. The Cabinet Office is the secretariat and
manages the Cabinet decision making process on behalf of the President.
Consultation among the Ministers and departments involved must precede the
submission of a proposal to the Cabinet by the responsible Minister or Ministers.
Ministry discussions in the Cabinet or Cabinet committee focus on the decisions
required and provide Ministers with an opportunity to participate in and influence that
decision.
Ministers have the right to seek their colleagues’ consideration of proposals for
government action in their area of responsibility. This is, of course, subject to the
agenda set by the President for government priorities. The committee chairpersons
acting on the President’s behalf set cabinet committee agendas.
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B.2.1 The Policy and Fiscal Frameworks
The Cabinet process begins when a Minister in the form of a Cabinet memo raises
an issue. The Cabinet Office normally circulates the supporting documents to all
Ministers before the issue is discussed at the appropriate Cabinet committee.
Ministers can also update their colleagues on the progress of certain key initiatives
being developed or implemented in their departments.
The Cabinet committee’s report is subject to approval by the entire Cabinet. Records
of final decisions are circulated to all Ministers and their Permanent Secretaries for
action under Ministers’ individual authority. Policy announcements are made after a
Cabinet decision and after the Treasury’s approval of any resources required to
implement the decision.
Cabinet committees are an extension of the Cabinet itself. The President establishes
both standing and ad hoc (or special purpose) committees, chooses their
membership, prescribes their procedures and changes them as need arises. The
Permanent Secretary, Secretary to The Cabinet and Head of The Public Service
provides Ministers with information on the President’s decisions regarding the
structure and operations of Cabinet committees.
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Meetings are conducted as informally as possible in both English and Kiswahili. Most
Cabinet committees meet on a regular schedule. This allows for effective planning
and ensures that meetings and decisions can proceed immediately. The Cabinet
Secretariat provides the Cabinet and its committees the with the support required to
prepare for the meetings including circulating agendas, distributing documents,
providing briefs to the chairperson of each committee on agenda items and recording
Cabinet minutes and decisions. Cabinet Office is also responsible for sending
Cabinet minute extracts to all concerned ministries for implementation and monitors
the implementation of decisions.
Some actions of the executive require a more formal process. Legal Notices are
legal instruments made by the President or a minister pursuant to statutory authority.
The responsible Ministers forward recommendations to the President .They take
legal effect only when signed by the President, relevant Minister or the Attorney
General.
Annex C
C.1 Appointments
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By legislation or requirement under Standing Orders of Parliament, some
appointments are subject to Parliamentary review and approval.
Annex D
Cabinet papers belong to the Government and are formal records as designated by
the Cabinet office. They include Memoranda to Cabinet (MCs), Cabinet Committee
Reports (CRs), records of decisions (RDs), agendas, aide-memoire, and documents
prepared for Ad Hoc Cabinet Committees or Reference Groups of Ministers.
The efficient operation of the Cabinet and the necessary confidentiality of Ministry
discussions partly depend, on the proper handling of Cabinet memos. Ministers must
ensure that Cabinet memos provided to them are always safeguarded in accordance
with the security requirements set by the Cabinet office. Civil Servants must also
respect this protocol when they are given access to such documents. Ministers must
assign members of their staff with specific responsibility for controlling the flow and
ensuring the security of these documents. When a Cabinet item has been dealt with,
the associated Cabinet memos must be returned to the Cabinet office without fail.
When a Minister leaves office, Cabinet memos must be returned to the Cabinet
secretariat while institutional records must be left with the departments. Ministers
may however remove their political papers but for the sake of sensitive documents,
storage facilities offered by the secret registries should be used. When a change of
government occurs, the outgoing President traditionally leaves the Cabinet records
of his/her government in the custody of the Permanent Secretary, Secretary to the
Cabinet and Head of the Public Service. The Permanent Secretary, Secretary to the
Cabinet and Head of the Public Service plays a central role in administering the
access to Cabinet papers.
Former Ministers are bound for life to respect their oath of office including observing
Official Secrets Act. They must also honour their commitments to other Ministers and
colleagues. When talking or writing about their experience in government, former
Ministers must consult their former departments to ensure that they do not disclose
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matters that remain confidential. Any questions should be addressed to the
Permanent Secretary, Secretary to the Cabinet and Head of the Public Service.
Annex E
Ministers and their Permanent Secretaries should work with the agencies in their
Ministry to clarify mutually agreed limits on the information, which may flow to and
from each agency and the appropriate procedures for communication.
The Minister’s office can expect requests for assistance from other Ministers on
behalf of their constituents. Where such an intervention with an agency is not
appropriate because the requests concerns a quasi-judicial case, the Minister’s
office should indicate that an intervention is not possible by any Minister and suggest
that the constituent deal directly with that agency.
There are limitations on the ability of a Minister to act on behalf of constituents as far
as quasi-judicial bodies are concerned. Ministers and their staff cannot intervene on
behalf of any person or entity with a national or sectoral quasi-judicial agency on any
matter before it that requires a decision in its quasi-judicial capacity.
Ideally and for the sake of harmonious management of the Government, a Minister
should not speak about or otherwise become involved in a colleague’s Ministry
without first consulting him and gaining his approval.
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Annex F Dealings with State Corporations
.The Minister responsible for a state corporation must deal with it on a variety of
matters. The Minister, for example, is responsible for determining the broad
orientations of the corporation including approving its budget.
However, the Minister does not become involved in day-to-day operations of a state
corporation nor does his or her staff. Because of the wide range of activities carried
out by individual State Corporations, the appropriate role of the Minister must be
determined on a case-by-case basis.
The following guidelines will assist Ministers in fulfilling their representative duties,
while preserving the managerial autonomy of State Corporations within their Ministry.
No Minister should personally promote the private interests of any individual,
corporation or non-governmental organization, including a constituent, with any state
corporation.
The staff of a Minister when dealing with constituency matters may, however, makes
representations to a state corporation.
It is recommended that the office of the Minister responsible for a State corporation
establish a procedure, in cooperation with the corporation, to enable Minister’s office
to pass on as a referral, for the corporation’s appropriate action.
These guidelines do not prevent any Minister or their staff from social contact with
the officers and staff of State Corporations nor from participating in briefing sessions
initiated by the corporation.
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