THE state has argued that the President has the power to appoint and swear in ministers even before they are sworn in by the National Assembly. This is a matter in which governance activist Isaac Mwanza petitioned the Constitutional Court challenging the constitutionality of swearing in nominated members of parliament before they could take oath in Parliament, among other issues. Mwanza questioned whether, in terms of Article 81 of the Constitution, a person can legally be appointed to an office of minister and perform ministerial functions after the dissolution of Parliament and before its commencement. He is also seeking an interpretation on whether a person can legally be appointed to head a ministry established and or merged and also perform…...

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