12 activists file petition to block Kindiki, Duale and Wandayi from joining Cabinet

A group of activists wants the court to block Prof Kithure Kindiki,Aden Duale and Opiyo Wandayi from joining the Cabinet, arguing that their selection violates the Constitution.

Twelve petitioners under the Kenya Bora Tuitakayo Citizens Association argue that they are apprehensive that the re-appointment of Prof Kindiki would interfere with ongoing investigations into the atrocities committed by security agencies and pro-government goons and other armed operatives during the June and July anti-government protests.

Led by Cyprian Nyamwamu, the activists said the Kenya National Commission on Human Rights noted in a report on July 24, 2024, that 60 people died and 66 were missing on account of anti-government protests.

“In view of this fact, the petitioners contend that it is grossly insensitive and contemptuous for the 1st respondent to nominate Hon Kithure Kindiki for the CS Ministry of Interior and National Administration despite the terrible human rights record during his 20-month tenure in that position,” Mr Nyamwamu said in an affidavit.

The group further said the nomination of Mr Wandayi to the Energy and Petroleum docket undermines multi-party democracy given that he is the minority leader in the National Assembly.

They stated that President William Ruto violated Article 201 of the Constitution on principles of public finance by nominating and appointing Prof Kindiki (Interior) Mr Duale (Environment), Ms Alice Wahome and Mr Kipchumba Murkomen (Sports).

They said the expenditure of public funds was not prudent, responsible or justified and that further, the nomination of Mr Wandayi, who is the MP for Ugunga, would aggravate and compound this violation.

President Ruto nominated Mr Wandayi as CS Energy alongside other ODM members, John Mbadi (Treasury), Mr Hassan Joho (Mining, Blue Economy), and Mr Wycliffe Oparanya (Cooperatives and MSME Development).

The petitioners are against the re-appointment Prof Kindiki, saying he has been adversely mentioned and implicated as bearing command responsibility for the extra-judicial executions, reckless and use of lethal force, maiming, abduction and other gross violation of human rights.

“Unless and until Hon Kindiki and Hon Duale are exonerated of wrong-doing upon conclusion of the ongoing investigation, it amounts to abuse of power and contempt for the people of Kenya for the President to re-nominate them to the cabinet,” the petition read.

Mr Nyamwamu said during his vetting, Prof Kindiki lacked empathy or remorse for the victims of atrocities allegedly committed by security forces while he was in charge of the security docket.

They said  Mr Kindiki “tragically kept passing buck despite his considerable involvement in the operations of the police during the period”.

“That this honourable court should issue the conservatory orders sought since it is the only effective way to assert the supremacy of Kenya’s constitution over the President of Kenya who continues to take major public decisions in utter disregard of the principles, values and ideals of the 2010 constitution,” lawyer Kibe Mungai submitted.

The 12 are also calling for a referendum to determine whether President Ruto and his Deputy Rigathi Gachagua should remain in office.

“The legitimacy crisis facing Kenya is so profound that the Petitioners contend and seek to have the tenure of the 1st and 2nd respondents- as President and Deputy President- terminated through a popular vote in a Referendum that should be held by the end of October 2024,” the petition read.

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