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Monday, July 3, 2023 –A city lawyer has gone to court to bar United Democratic Alliance UDA Party Secretary general Cleophas Malala and David Ndii from participating in official Cabinet meetings.
The case also prays to the court that other newly-announced players by the president should be stopped from accessing Cabinet meetings to save tax prayers from unnecessary costs in allowances.
The petitioner who is a lawyer by profession faults President William Ruto’s move to make the directive that contravenes government structure.
To make firm his argument, the petitioner indicated that the four; Economic Advisor David Ndii, National Security Advisor Monica Juma, Women’s Rights Advisor Harriette Chiggai and the UDA SG Cleophas Malala were already serving in other capacities under the head of State.
The lawyer, in the same petition, said it is wrong for President Ruto to rush and allow the named individuals to take oath of their roles which are not constitutional.
This decision was made without involving other laid down levels of government like the National Assembly.
“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.
“The inclusion of the four was done without the involvement of Parliament, the same insulates them from oversight as provided in Article 95 (5) of the constitution, the same being null and void,” the petition reads in part.
In his request, the petitioner asked the court to attend to the matter with urgency since the meetings are already going on every week.
This petition is coming just minutes after the High Court sitting in Nairobi also rejected newly-created 50 positions of Cabinet Administrative Secretaries CASs.
The High Court termed the positions illegal.