Lawyer wants Cleophas Malala, David Ndii and 2 other 'strangers' out of Ruto Cabinet
Sworn to secrecy: President William Ruto cleared UDA secretary general Cleophas Malala (top left) and advisers David Ndii (bottom right), Monica Juma (top right) and Harriette Chiggai to attend Cabinet meetings.
A city lawyer has moved to court seeking orders to quash a decision by President William Ruto to allow "strangers" into the Cabinet.
In a constitutional petition lodged at Milimani High Court, lawyer Charles Mugane is urging the court to bar UDA Secretary General Cleophas Malala, the President's Chief Economic Advisor David Ndii , the President's National Security Advisor Monica Juma and the President's Advisor on Women's rights Harriette Chiggai from attending any cabinet meetings.
"Pending the hearing and determination of the application inter-partes, an interim order be issued prohibiting the Malala, Ndii, Juma and Chiggai from attending any cabinet meeting, " the advocate states.
According to Mr Mugane, the four illegally took Oath of Secrecy to attend Cabinet meetings last week when they are not constitutionally mandated to sit in the cabinet.
"The purported inclusion of Malala, Ndii, Juma and Chiggai to the Cabinet is invalid, null and void ab initio as it contravenes the mandatory constitutional provisions of 2 (1) (2), 3, 10, 129, 130, 131, 132, 152, 153, 154, 156, and 258 of the Constitution which underpins the substantive and procedural constitutional requirements thereof, " states Mugane.
The lawyer argues that the President allowed the four to sit in the Cabinet without the involvement of the National Assembly.
"The inclusion of the four was done without the involvement of Parliament, the same insulates the “strangers” from oversight as provided in Article 95 (5) of the constitution, the same being null and void, "says Mugane
Mr Mugane wants the court to bar the four claiming that the Cabinet on June 27,2023 irregularly approved a decision to allow the "Strangers" to attend cabinet meetings which act is unconstitutional by the meaning of Article 152 of the Constitution of Kenya 2010.
"the continued attendance of Cabinet meetings by the four individuals raises serious constitutional questions that the court ought to attend to at its earliest convenience, " Mugane pleads.
This is the second case to be filed seeking to bar those who are not members of the Cabinet to attend Cabinet meetings.
Mr Mugane says that the move by President Ruto is an affront to the constitution and violates a decision made by High Court judge Anthony Mrima in another case lodged by Water Cabinet Secretary Alice Wahome (then MP) during the former Jubilee regime
In his ruling Justice Mrima held that any one who is not constitutionally mandated to sit in the Cabinet cannot be allowed.
The decision by Mrima clawed NMS boss Lieutenant General Mohamed Badi from attending and participating in Cabinet meetings.
While baring Badi from sitting in the former president Uhuru Cabinet, Justice Mrima ruled that his appointment was not approved by Parliament.
"There there is no doubt the appointment of Badi into the Cabinet was not approved by the National Assembly. As such it is unclear as to by whom and how Badi will be oversighted. His term of office in the Cabinet also remains an illusion,” the judge said.
Justice Mrima also said it does not find any justification in the decision to include Badi into the Cabinet
