152. (1) The Cabinet consists of—
(a) the President;
(b) the Deputy President;
(c) the Attorney-General; and
(d) not fewer than fourteen and not more
than twenty-two Cabinet Secretaries.
(2) The President shall nominate and, with
the approval of the National Assembly,
appoint Cabinet Secretaries.
(3) A Cabinet Secretary shall not be a
Member of Parliament.
(4) Each person appointed as a Cabinet
Secretary—
(a) assumes office by swearing or affirming
faithfulness to the people and the
Republic of Kenya and obedience to this
Constitution, before the President and in
accordance with the Third Schedule; and
(b) may resign by delivering a written
statement of resignation to the President.
(5) The President––
(a) may re-assign a Cabinet Secretary;
(b) may dismiss a Cabinet Secretary; and
(c) shall dismiss a Cabinet Secretary if
required to do so by a resolution adopted
under clauses (6) to (10).
(6) A member of the National Assembly,
supported by at least one-quarter of all
the members of the Assembly, may
propose a motion requiring the President
to dismiss a Cabinet Secretary—
(a) on the ground of a gross violation of a
provision of this Constitution or of any
other law;
(b) where there are serious reasons for
believing that the Cabinet Secretary has
committed a crime under national or
international law; or
(c) for gross misconduct.
(7) If a motion under clause (6) is
supported by at least one-third of the
members of the National Assembly—
(a) the Assembly shall appoint a select
committee comprising eleven of its
members to investigate the matter; and
(b) the select committee shall, within ten
days, report to the Assembly whether it
finds the allegations against the Cabinet
Secretary to be substantiated.
(8) The Cabinet Secretary has the right to
appear and be represented before the
select committee during its investigations.
(9) If the select committee reports that it
finds the allegations
(a) unsubstantiated, no further
proceedings shall be taken; or
(b) substantiated, the National Assembly
shall––
(i) afford the Cabinet Secretary an
opportunity to be heard; and
(ii) vote whether to approve the resolution
requiring the Cabinet Secretary to be
dismissed.
(10) If a resolution under clause (9) (b)
(ii) requiring the President to dismiss a
Cabinet Secretary is supported by a
majority of the members of the National
Assembly––
(a) the Speaker shall promptly deliver the
resolution to the President; and
(b) the President shall dismiss the
Cabinet Secretary.
153. (1) A decision by the Cabinet shall
be in writing.
(2) Cabinet Secretaries are accountable
individually, and collectively, to the
President for the exercise of their powers
and the performance of their functions.
(3) A Cabinet Secretary shall attend before
a committee of the National Assembly, or
the Senate, when required by the
committee, and answer any question
concerning a matter for which the Cabinet
Secretary is responsible.
(4) Cabinet Secretaries shall––
(a) act in accordance with this
Constitution; and
(b) provide Parliament with full and
regular reports concerning matters under
their control.