BY SAM ALFAN.
High Court has barred Nairobi Metropolitan Services Director General Mohamed Badi from attending cabinet meetings.
Justice Anthony Mrima termed President Uhuru Kenyatta decision to appoint Badi to the cabinet as unconstitutional since he was not vetted and approved by parliament.
“declaration hereby issues that the decision to appoint and include Major General Badi, the 3rd Respondent herein, into the business of the Cabinet with liberty to attend Cabinet meetings and Cabinet Committee meetings contravenes Articles 3(2), 10(2), 129, 130(1) and 152(1) of the Constitution and is illegal and void”, declared the judge.
The judge further quashed Executive Order No. 3 of 2020 which appointed Gen Badi to the cabinet.
“”An order is hereby issues quashing the part of the Executive Order No. 3 of 2020 which contain the decision to appoint and include Major General Badi, the 3rd Respondent herein, into Cabinet meetings and Cabinet Committee meetings”, Declared the judge.
In his decision the judge found that the petition raised constitutional issues and that the appointment and inclusion of the 3rd Respondent into the Cabinet contravenes Articles 3(2), 10(2), 129, 130(1) and 152(1) of the Constitution.
This is after Kandara MP Alice Wahome challenged President Uhuru Kenyatta’s decision to incorporate Nairobi Metropolitan Services Director General Mohamed Badi into his cabinet.
In the petition, the MP argued that General Badi has not been appointed to the cabinet as provided for in the constitution and his appointment through executive order is illegal.
“The Petition contains very serious issues surrounding the establishment of a government and its organs in a manner other than as provided for in the constitution,” added Wahome.
She further contended that the petition raises serious constitutional and governance issues that requires urgent adjudication and pronouncements by the courts.
She argued that the extent of introducing General Badi into the cabinet without following the process outlined in the constitution, is illegal, unconstitutional and void.
She argued that the cabinet had allowed a ‘stranger’ into the cabinet meetings, an action that offends the constitution and is void.