The Kenya National Civil Society Centre (KNCSC) has challenged Musalia Mudavadi's scheduled vetting for the Prime Cabinet Secretary (CS) slot.
In a letter dated October 16, the organisation called on the Committee on Appointment of the National Assembly not to vet the former Vice President for the position, arguing that the it does not exist in the Constitution.
The letter signed by KNCSC Executive Director Suba Churchill, further termed the efforts as unconstitutional, illegal and unprocedural maneuvers.
Suba further challenged President William Ruto's regime to obey the Constitution in assembling his cabinet.
"KNCSC calls on the Committee on Appointment of the National Assembly not to legitimize the unconstitutional, illegal and unprocedural process through which the Executive has sought to establish the position of Prime Cabinet Secretary as a State office or office in the public service by proceeding to vet the nominee, Hon. Musalia Mudavadi.
"KNCSC calls on the Committee on Appointment to demand that the right procedures are followed as laid out in the Constitution and the Public Service Commission Act in the establishment of the position of Prime Cabinet Secretary, and ensure that its creation aligns with the principles of 'efficient, effective and economic use of resources,'" read the statement in part.
Mudavadi is slated to appear before the committee for vetting on the morning of Monday, October 17. He will be the first nominee to face the panel followed by Justin Muturi (nominated for the Attorney General position) and Aden Duale (Defence CS post).
Suba also argued that the court threw out the Building Bridges Initiative (BBI), which had set to expand the Executive, on the basis of poor public participation.
"Kenyans were also made to believe that the BBI process and its proposals were motivated solely by their selfish desire to create positions for its proponents.
"Opponents of the process pointed out, and rightly, that more pressing at the time were the social and economic needs of citizens who were saddled with skyrocketing costs of food, water and fuel, a situation that still obtains to date," added the statement.
Mudavadi was nominated to the position by President William Ruto as part of their Kenya Kwanza Alliance agreement on division of seats.
The Prime Cabinet Secretary is the third most powerful Executive office bearer after the Head of State and his deputy.
KNCSC claimed that the creation of the seat pushed the Cabinet composition above the 22-member threshold set by the Constitution.
"The creation of the position of Prime Cabinet Secretary, therefore, bloats the Cabinet beyond the limit of 22 substantive members, including the President, the Deputy President and the Attorney General, and is that extent unconstitutional, illegal and unprocedural.
"Besides, the position cannot be justified based on Article 152(5) of the Constitution. This clause only permits the President to re-assign a Cabinet Secretary, and not to create a completely new position in the public service that is alien to the Constitution and the law," argued the organisation.
The vetting exercise for the CS nominees is slated to last until Saturday, October 22.
