cleophas malala
A Nairobi lawyer has moved to court to challenge President William Ruto’s decision to allow non-Cabinet members to attend Cabinet meetings.
In the petition, the lawyer stated that it was unconstitutional for President Ruto to clear UDA secretary general Cleophas Malala, Chairperson of President William Ruto’s Economic Council David Ndii, Monica Juma, and Harriette Chiggai to attend Cabinet meetings.
“To the extent that the 3rd, 4th, 5th and 6th respondents have been introduced into the Cabinet without following the process outlined in the Constitution, the said appointments are illegal, unconstitutional null and void,” reads the petition in part.
The petitioner also opposed Ruto’s move to allow the four to take an oath of secrecy administered at State House in Nairobi on June 27 saying it contravenes Article 152 of the Constitution of Kenya 2010, which outlines the requirements for cabinet membership.
He said that Malala, Ndii, Chigai and Juma are not appointed cabinet members and that their continued attendance of Cabinet meetings raises significant constitutional questions.
“The said 3rd, 4th, 5th and 6th Respondents 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 right,” the petition added.
The lawyer at the same time argued that the National Assembly was not involved in the decision to allow the said individuals to attend cabinet meetings.
“The inclusion of the four was done without the involvement of Parliament, the same insulates them from oversight as provided in Article 95 (5) of the constitution, the same being null and void,” he stated.
The petitioner requested the court to issue an interim order preventing the four from attending Cabinet meetings.
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