NAIROBI, Kenya, Aug 14 – A Nairobi court has allowed David Ndii, President William Ruto’s economic adviser, and others to attend Cabinet meetings.
While dismissing the petition on Wednesday, High Court Judge Lawrence Mugambi said there is no law barring the President from inviting any expert to Cabinet meetings, whether regularly or occasionally, to advise on specific matters.
“The Cabinet should retain the power to make such discretionary invitations. Neither the Constitution nor any law that I am aware of expressly bars the Cabinet or the President from seeking counsel for purposes of having the Cabinet benefit from experts before making policy decisions on a matter before it,” Justice Mugambi ruled.
“I do not therefore think that it is the business of this Court to interpret that legal gap in a manner that constrains the discretion of the Cabinet or even the President on an internal operational matter within the Executive Branch,” he added.
However, he noted that the permanent attendance of non-Cabinet members at meetings would contravene Article 152(1) of the Constitution, saying it would amount to an unconstitutional expansion of the Cabinet.
In 2023, Charles Mugabe filed a petition seeking to bar Ndii, Monica Juma, and others from sitting in Cabinet. The case followed President William Ruto’s decision to allow them to attend Cabinet meetings.
