The difference in duties between DP Rigathi and Prime CS Mudavadi

The Kenya Gazette published an enlightening piece of information in Executive Order No.1 of 2022 yesterday.

It is about how President Ruto’s new administration is currently structured and with specific roles and functions for the office holders, most notably the lofty ones.

However, of even more interest is the fact that the Executive Order has specified in clear detail how the office of the Deputy President will perform different functions and roles from that of the Chief Cabinet Secretary.

Immediately after President Ruto declared that the position of Chief Cabinet Secretary would be created for Musalia Mudavadi many observers noted that his roles and those of the Deputy President were overlapping or were not clear enough to keep them away from clashing.

The order specifies that the role of the Deputy President will be to deputize the president in the execution of his functions. This, unfortunately, has been the only known function of the Deputy President in times gone by according to Chapter 143 of the constitution.

It is spelt out clearly even though this function is anything but definite. All other functions listed below herein are derived from the constitutional mandate that “The Deputy President shall perform the functions conferred by this Constitution and any other functions of the President as the President may assign.”

The substantive occupant of this office is Rigathi Gachagua, duly elected deputy president of the republic of Kenya on 9th August 2022.

These functions include, but are not limited to; chairing Cabinet Committees, overseeing the implementation of Cabinet decisions across Ministries or State Departments, coordinating Inter-Governmental relations with counties, chairing IBEC meetings, coordinating development partners’ projects, overseeing public sector reforms and any other function assigned by the President.

The mandate of the deputy president according to Executive Order no.1 of 2022 ensures the deputy president will have all Cabinet Secretaries and Governors of Kenya’s 47 counties on the fast dial.

He will be very familiar with all independent commissions and international development partners due to his work. Lastly, he will ensure that public sector reforms, most of which stopped or stagnated under Uhuru Kenyatta’s regime are on track.

Should he seem like he can take more work, his boss, the President might oblige.

The Prime Cabinet Secretary is a position not expressly envisioned in the constitution and even as the legal experts tug and pull as to its veracity, what can be said with certainty is that the Ruto administration has borrowed a leaf from the Kenyatta administration in creating a super ministry that will overshadow the others and its occupant, like Matiang’i, shall be a first among equals when the roll of cabinet secretaries is called.

Unlike the Azimio brigade which had mooted many positions such as a Prime Minister which could have necessitated legal or constitutional changes to effect, The Prime Cabinet Secretary title might get away with it because after all, it is a cabinet secretary position.

The constitution has aptly captured the position and role of the cabinet secretary according to Chapter 9 part 3 of the constitution of Kenya.

The Executive Order o.1 of 2022, therefore, envisages a Prime Cabinet Secretary position that will assist the President and Deputy President in coordinating Ministries or State Departments, overseeing the implementation of government policies or projects or programs, chairing and co-ordinate legislative agenda across ministries or state departments, chairing Principal Secretaries Committees, supervising evaluation of government policies or programs or projects and lastly performing any other function as may be assigned by the President.

Musalia Mudavadi who is assigned this position is definitely below the pecking order of the Deputy President.

If only clout could talk... it definitely does so in this case, while the deputy president’s office is located at the uptown Harambee House annex opposite the President’s Office, the Prime Cabinet Secretary’s office is located in the long-forgotten Kenya Railways Headquarters, off Haile Selassie Avenue, a locality long surrendered to the crazy matatu traffic of Nairobi. Image matters...

In days to come it will be very interesting to observe how the new Prime Cabinet Secretary will manoeuvre around the government corridors to undertake his evaluation, supervisory and coordination job without stepping on the toes of the powerful and mighty government officeholders.

It is a job that calls for the depth that Musalia Mudavadi has in having served in the docket of the Minister of Local Government, Finance and also as Vice President of the Republic of Kenya. His work is cut out for him but is the environment ready?