NAIROBI, Kenya, Sep 23 – A Nairobi Court has prohibited Nairobi Metropolitan Services (NMS) Director Major General Mohammed Badi from attending any cabinet meetings or discharging functions derived from his attendance of the country’s top policy making organ.
In a ruling on Thursday, Justice Antony Mrima further quashed President Uhuru Kenyatta’s executive order No. 3 of 2020 listing Badi in Cabinet.
“There is no doubt the appointment of Badi into the Cabinet was not approved by the National Assembly. As such it is unclear as to by whom and how Badi will be oversighted,” the court ruled.
The court noted that Badi’s term of office in the Cabinet also remains an illusion.
Judge Mrima further ruled that he found no justification in the decision to include Badi into Cabinet meetings
Kandara lawmaker Alice Wahone had challenged the legality of the decision by the President to include Badi in Cabinet without Parliament’s approval in a suit filed in September 2020.
Badi took the oath of secrecy on September 10, 2020 to facilitate his attendance to Cabinet meeting in a move that sparked debate with a section of commentators taming the move sanctioned by President Uhuru Kenyatta as a violation of Article 152 of the Constitution.
The Article provides that a Cabinet shall consist of the President, Deputy President, Attorney General and not fewer than fourteen and not more than twenty-two Cabinet Secretaries.
The law requires that Cabinet Secretaries nominated by the Head of State are approved by the National Assembly.
Wahome had asked the court to reverse President Kenyatta’s decision arguing Badi was a stranger in Cabinet.
“His inclusion into cabinet was done without approval of Parliament and hence insulates him from oversight into his conduct,” Wahome argued.