By Donald Kipkorir
Kenya’s Constitution Allows Office of Premier Cabinet Secretary
There is ongoing debate as to whether under our Constitution , we can have an office called Premier Cabinet Secretary or other titles other than Cabinet Secretary.
My answer is YES. Our Constitution lays out the framework of our governance and aspirations. The use of names or words in the Constitution is not a limitation on our imagination and experimentation. To say usage of words restricts our legal thought is legal terrorism.
Our Constitution like any other in the world is interpreted expansively, purposefully and with a view to extending the frontiers of our civilization.
The US Constitution is barely Seven Articles only and one can read it in less than 15minutes. Yet, it hasn’t stopped US creating all manner of offices and expanding legal thought.
Two Schools of thought exist in Constitutional interpretation: Literalists also called Originalists and those that say the Constitution is a living document and its meaning is liberal.
Our Constitution makes the President, repository of executive power and he can donate it to anyone under any title. The Constitution also allows the President to create ant office under advise of Public Service Commission. It is why we such offices as Head of Civil Service et al.
Our Constitution should be read and interpreted for all times, and not to fit the narratives of either Jubilee or NASA. Political Parties in Kenya have shelf lives. But Kenya is eternal. Our Constitution belongs to all Kenyans and serves all. Each Kenyan, and each Party is at liberty to take advantage of its infinite opportunities and choices.
