A renowned City Lawyer and Human Rights Defender Charles Mugane has filed a petition seeking to block four Secretaries to the Cabinet from sitting in the cabinet meetings.
The four include Cleophas Malala, David Ndii, Amb Monica Juma & Harriette Chiggai.
Lawyer Mugane says that the said officials are not members of the Cabinet by the meaning of Article 152 of the Constitution of Kenya, 2010.
The Petitioner contends that the purported inclusion of the four to the cabinet contravenes the mandatory constitutional provisions and procedural constitutional requirements.
Mugane argues that the inclusion into the cabinet of the four was done without the involvement of parliament; the same insulates the “strangers” from oversight as provided in Article 95 (5) of the constitution, the same being null and void.
“The government action herein seeks to establish a government other than is provided under the constitution, which action is null and void,”added Mugane.
The human rights activist wants the court to prohibit the four from attending the cabinet meetings pending the hearing and determination of this petition.
He also wants the court to certify this matter urgently and 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 rights.
The petitioner adds that the continued attendance of cabinet meetings by the four raises serious Constitutional questions that this honorable court ought to attend to at its earliest convenience.
He says that on 27th June 2023 the Cabinet of the Republic of Kenya approved a decision to allow them to attend cabinet meetings which act is unconstitutional by the meaning of Article 152 of the Constitution of Kenya 2010.
Further they took an oath of secrecy administered at the State House Nairobi before proceeding to attend their first meeting.
