A Nairobi-based lawyer moved to the High Court to bar United Democratic Alliance (UDA) Secretary General Cleophas Malala and other leaders from regularly attending President William Ruto's Cabinet meetings.
In a petition, the lawyer noted that the decision was unconstitutional and sought to establish a government other than what was already provided by the law.
Further, he noted 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 petitioner also opposed Ruto’s move to allow the four to take an oath of secrecy administered at State House in Nairobi on June 27.
He argued that Ruto made the decision without the involvement of 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 were held every week.
“The said 3rd, 4th, 5th and 6th Respondents are not members of the Cabinet and in fact hold other portfolios being the Secretary General of the UDA Party (the ruling party), The President’s Chief Economic Advisor, the President’s National Security Advisor and the President’s advisor on women’s right,” the petition added.
On June 27, Ruto cleared Chiggai for a position in cabinet meetings to champion women's interests while Malala was tasked with championing the party's manifesto in decision-making.
"In line with getting women's issues at the centre of his administration, President Ruto cleared the Advisor on Women Rights, Harriette Chiggai, to attend the meetings.
"Advisors Monica Juma (National Security Advisor), David Ndii (Chairperson of Council of Economic Advisors) and UDA Secretary General Cleophas Malala will also attend," the Cabinet brief read in part.
