On September 15, 2020, Water Cabinet Secretary Alice Wahome took former President Uhuru Kenyatta to court after he cleared the then Nairobi Metropolitan Services (NMS) Director General Mohammed Badi to join his Cabinet.
The case was ruled in Wahome’s favour and on September 23, 2021, the court concluded that the retired Head of State contravened the constitution by including Badi as a member of the cabinet.
Ironically, two years later, Wahome was part of a cabinet meeting that resolved to add extra members to the Cabinet, a move that legal experts believe to be in contravention of Article 152 of the Constitution.
During a cabinet meeting held on Tuesday, September 27, it was resolved that United Democratic Alliance (UDA) Secretary General Cleophas Malala and Presidential Council of Economic Advisors Chairman David Ndii would be part of cabinet proceedings.
Others cleared to attend cabinet meetings included National Security Advisor Monica Juma and Women's Rights Advisor Harriette Chiggai.
In the case filed by Wahome, the court ruled that according to Article 152 of the Constitution, Cabinet meetings can only be composed of; the President, Deputy President, the Attorney General and not fewer than fourteen and not more than twenty-two cabinet secretaries.
The court further ruled that Badi's inclusion in cabinet meetings was not approved by the National Assembly and as such, it was unclear who would oversight him.
Similarly, Ruto’s inclusion of Malala, Ndii, Juma and Chiggai in cabinet meetings was not communicated to Parliament and as such, it limited the Members of Parliament’s powers to oversight the quartet.
As it was in Badi’s case, including the four also contravened Article 130 of the Constitution, which states that the National Executive can only include; the President, his deputy and cabinet secretaries.
In Uhuru’s administration, the then Jubilee Party Secretary General Raphael Tuju had been part of cabinet proceedings.
Uhuru appointed Tuju as a Cabinet Secretary without a portfolio to ensure that he did not contravene the constitution.
Ruto did not extend the same to Malala who, just like Tuju, is a Secretary General of the ruling party.
