President William Ruto signed Executive Order No. 1 of 2025 on the Organisation of the National Government in June.
While public attention largely focused on the unprecedented ballooning of the national executive to 56 state departments, a more consequential issue lies concealed beneath the headlines: The order dismantles Kenya’s centre of government, replacing it with a fragmented and incoherent structure — riddled with overlapping mandates and unable to deliver clear policy direction or effective coordination.
In any modern state, the centre
of government is the cockpit — a hub for policy direction, coordination, implementation
monitoring, strategic long-term policy development and communication. Kenya’s de facto centre of government has
historically been the Cabinet Office — a constitutional office established
under Article 154.
The Constitution assigns its
head, the Secretary to the Cabinet, responsibilities such as arranging the
business and keeping the minutes of Cabinet. The official also conveys Cabinet decisions
to appropriate persons or authorities for implementation. In our system, the
President — as Head of Government — is assisted by the Cabinet and the Public
Service to execute his mandate. The Constitution thus envisages the Secretary
to the Cabinet as the central link between the President and Cabinet on one
side, and between the Cabinet and the Public Service on the other.
Ruto’s order effectively
hollows out this constitutional office, splintering its core functions among
four overlapping centres of power: The Offices of the Prime Cabinet Secretary,
the Chief of Staff and Head of Public Service (COSHPS), the Deputy President
and State House. This
isn’t clever or sophisticated statecraft. It is clumsy and ineffective. Ruto is placing
political expediency and patronage above coherent and accountable governance. One
wonders whether Ruto’s actions are intentional or whether they stem from an inherent
lack of understanding of the philosophy underlying a functional state.
The COSHPS, a statutory
office, is the administrative head of the Office of the President, akin to a Principal
Secretary. The “Head of Public Service” title emanates from Article 154 (3)(c),
which constitutionally tasks the Secretary to the Cabinet with conveying
Cabinet decisions to the public service and ensuring their implementation. Yet,
Ruto assigns these duties to the COSHPS, Felix Koskei, including transmitting
executive directives and policy advisories to the public service for implementation.
By reallocating these constitutional duties to a political appointee without constitutional
standing, Ruto is violating the Constitution. This effectively amounts to a
constitutional amendment by stealth.
In
tasking the Secretary to the Cabinet with arranging Cabinet business and
communicating decisions therefrom for implementation, the Constitution expects
the officeholder to ensure policy positions are properly coordinated and
harmonised to avoid divergence or contradictions. This
inherently demands constant consultation with Principal Secretaries and senior
public servants to ensure that all major policy developments across government align
with overarching government priorities and national goals. Accordingly, the Secretary
has traditionally convened, chaired and coordinated the PS’s Committees.
Ruto’s
order, however, scatters these functions. It tasks the Prime CS with presiding over the PSs’
Committees, while simultaneously appointing the COSHPS as their convener and
coordinator. Additionally, he creates a State Department for Cabinet Affairs (distinct
from the constitutional Cabinet Office), domiciled under the Office of the
Deputy President, to “oversee implementation of Cabinet decisions”.
Meanwhile,
he also tasks the Prime CS with “coordinating implementation of the national
government's legislative agenda” — which itself stems from Cabinet decisions. This
not only strips away constitutional responsibilities from the Secretary to the
Cabinet but also undermines policy coherence, resulting in a chaotic
coordination framework. Who, then, actually ensures implementation? Ruto may
soon need a coordinator to coordinate the other coordinators.
Nowhere is this
absurdity more evident than in PCS Musalia Mudavadi’s overloaded portfolio. As
Prime CS, he presides over PSs’ committees, coordinates government’s legislative
agenda and oversees public service performance.
As CS for Foreign
Affairs, advances Kenya’s diplomacy. In the new order, he is also incharge for
Science, Research and Innovation. All three are full-time highly strategic jobs,
now compromised by divided attention. No serious state combines foreign affairs
with domestic policy coordination (even the AU and OECD advise against it).
Despite
Mudavadi’s extensive ministerial experience, his triple ministerial mandate not
only overburdens him, it also erodes Kenya’s diplomatic efficacy and undermines
government coordination — guaranteeing neglect on all fronts. The results are already
showing in the shambles at foreign affairs and in the incoherent, and at times,
contradictory policies emerging from Ruto’s government.
Ruto’s order also
multiplies mouths - not just for eating. The communication function is now scattered across a government
spokesperson, a State House Spokesperson, and a Head of the Presidential
Communication Service. When each microphone claims primacy, citizens are left confused.
This hodgepodge communication approach has resulted in conflicting, and at
times, amateurish, messaging, eroding policy clarity and public trust. On policy advisory,
Ruto has assembled a “Council of Economic Advisors” at State House, while retaining
Kibaki-era National Socio-Economic Council under the Prime CS. He then creates
a delivery unit and an efficiency office at State House but simultaneously
tasks the Prime CS with ensuring effective public service delivery across government.
And even with a CS for Gender Affairs, Ruto still establishes an Office of the
Women’s Rights Adviser at State House. These are just a few examples of the many
inconsistencies, duplications, and potential unconstitutionalities in Ruto’s order.
In a government this
large, a
strong centre is not optional. It is imperative. It ensures that departments
communicate, policies align, and that Cabinet makes decisions based on
accurate, coordinated information. When multiple power centres issue
conflicting directives, civil servants freeze into inertia. Ruto’s executive
order offers no operational enhancements or prudent stewardship of public
resources as it claims. Kenyans will have to pay more to be governed worse,
their taxes underwriting patronage disguised as reform.
Kenya has not always gotten it right—but it has always
gotten it better than this. Under President Mwai Kibaki, a lean and functional
centre was anchored in the person of Francis Muthaura, who served as both
Secretary to Cabinet and Head of Public Service. The result was policy
coherence and implementation discipline.
In 2013, President Kenyatta attempted to split the
roles by appointing Francis Kimemia as Secretary to Cabinet and Joseph Kinyua
as Head of Public Service. But after Kimemia’s dismissal and Parliament’s
rejection of Monica Juma to succeed him, Kenyatta recognised the weaknesses of
his new model. He quietly reverted to the old model and Kinyua held both roles until
Kenyatta’s retirement. This historical lesson now stands in contrast to Ruto’s
renewed and expanded fragmentation.
And just as a fish
rots from the head, a republic collapses from the centre. By splintering the
nucleus of statecraft, Ruto is trading short-term political patronage for
long-term dysfunction.
I would have
advised the President to reconsider whether this order is worth the cost of
dysfunction. But who am I to advise him without him first advising me on what
to advise him?
Mine can only
remain a humble appeal…. Mr. President, change course, restore coherence at the
centre and bring back the Constitution to the heart of power — before the confusion becomes collapse.
Mugendi Nyaga
is an actuary, a management consultant and public policy enthusiast”
X: @Nyagacm