Prime Cabinet Secretary Musalia Mudavadi has shrugged off calls for his resignation following a court petition by a lobby group seeking his removal on grounds that the position was established unconstitutionally.
Speaking to Kenyans.co.ke, Mudavadi's Head of Communications, Salim Swaleh, dismissed the petition, asserting that the position was legally created.
The journalist further emphasised that the functions assigned to Mudavadi are distinct and clear, avoiding any violation of the constitution or interference with other offices.
“Article 131 clearly says who can assist the president to run the country. Hon Mudavadi is a CS with slightly more responsibilities than the rest and hence the title Prime. The President is the person to exercise executive authority in line with article 131 and hence his executive order number [1] 2023 that created the office,” he asserted.
Swaleh further poked holes into the lobby group's argument that the Prime Cabinet Secretary position is the 23rd in the cabinet, thereby contravening the constitutional stipulation which mandates a limit of 22 cabinet secretaries.
"With the establishment of the Executive Order 1 by President Ruto after assuming office, then there was no alteration of the basic structure of the executive," Swaleh remarked.
Executive Order 1 of 2023 issued by President William Ruto, altered the structure of the executive to accommodate influential people who helped him ascend to the presidency.
Mudavadi was one of the major beneficiaries having being appointed Prime Cabinet Secretary and assigned specific responsibilities such as coordinating the government's legislative agenda.
The Executive Order superseded all other executive orders signed by previous regimes including Executive Order No. 1 of 2022.
Operation Linda Jamii, a lobby group, had moved to court seeking orders to have Mudavadi's position declared unconstitutional since it duplicates the functions of the Deputy President's Office.
The lobby argued that creation of the Prime Cabinet Secretary's office altered the basic structure of the Executive citing Article 147(1) of the constitution.
Operation Linda Jamii's petition additionally sought the declaration of unconstitutionality for Ruto's entire Cabinet due to its failure to meet the mandated legal gender balance and inclusion of persons living with disabilities.
The lobby group also called for the High Court to invalidate the positions of Ruto's advisors on women's rights and national security, asserting the positions' inconsistency with the constitution.
