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{
    "id": 131386,
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    "content": "business, Questions and Government undertakings in the House, an Assistant Minister has the same duties as any other Minister. The hon. Member wishes to know why an Assistant Minister is restricted from attending Cabinet Meetings in the absence of his or her Minister. Section 17 (1) of our Constitution provides that there shall be a Cabinet comprising of the President, the Prime Minister, the Vice-President, two Deputy Prime Ministers and other Ministers. Our Constitution makes a distinction in Sections 19(1), 20, and 21 between Ministers and Assistant Ministers. The Constitution of Kenya as presently in force excludes Assistant Ministers from the composition of the Cabinet. There is, therefore, a constitutional distinction between the Ministers in Cabinet and the Ministers outside Cabinet. Assistant Ministers are Ministers outside Cabinet. This distinction is not unique to Kenya, but is the norm in Commonwealth jurisdictions. Mr. Speaker, Sir, in the case of New Zealand, whenever a responsible Minister in Cabinet is temporarily unavailable to perform his or her official duties, the Minister, having first obtained the Prime Minister’s agreement to the arrangement, will ask another Minister in Cabinet to act in his or her absence. Similarly, if there is a temporary vacancy in the portfolio, or the Minister in the Cabinet is unexpectedly incapacitated, the Prime Minister may appoint a Minister to act in the portfolio until a formal appointment is made, or the Minister in Cabinet is able to return to his or her duties. In the case of Uganda, Section 113(2) of the Constitution limits the number of Ministers in the Cabinet to 21. Section 114(3) of the Ugandan Constitution limits the number of Ministers outside the Cabinet to 21 as well. In our case, the Government has allowed Ministers outside Cabinet – that is Assistant Ministers – to attend Cabinet Committee meetings, where they have a portfolio interest in a Paper under discussion. It may be prudent for hon. Members to consider making proposals to the Committee of Experts on Constitutional Review regarding an expanded role for Assistant Ministers with regard to Cabinet work. Such a proposal may well include a change in the designation of Assistant Ministers to, say “Deputy Ministers,” or “Ministers of State”. Mr. Speaker, Sir, let me reiterate here that all Ministers in the Cabinet and Ministers outside the Cabinet have the same overall duties and responsibilities under the doctrine of collective responsibility, which underpins the system of Cabinet Governments. It reflects the democratic principle. The House expresses its confidence in the collective whole of Government, rather than in individual Ministers. For that reason, each Minister in Cabinet has the primary responsibility for good consultation with his or her Assistant Minister. All Ministers and Assistant Ministers are expected to work in a consultative and co-operative way in developing policy and legislation in the areas for which they are responsible. Thank you, Mr. Speaker, Sir."
}