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The High Court has allowed President William Ruto to invite his advisors and experts to Cabinet meetings occasionally.
In a ruling delivered by Justice Lawrence Mugambi, the Court dismissed the petition filed by Charles Mugane against Ruto’s decision to invite his advisors to Cabinet meetings.
Mugambi ruled that Ruto’s move to include the advisors on a non-permanent basis did not violate the Constitution.
He stated that Article 152 of the Constitution clearly defines Cabinet membership but does not expressly block the President or Cabinet from occasionally inviting non-members for advice on specific matters.
However, Mugambi warned that allowing the advisors to attend Cabinet regularly would be a breach of the Constitution.
“A permanent inclusion allowing regular attendance of non-cabinet members into meetings of Cabinet, however, would run afoul of Article 152(1) of the Constitution as it is tantamount to an unconstitutional expansion of the Cabinet. But occasional invitation of experts or advisors on a need basis falls within the President’s discretion,” Mugambi ruled.
Lack of Evidence
Additionally, the Judge ruled that the petitioners failed to provide credible evidence of their alleged permanent inclusion.
Mugambi stated that the petitioners depended on newspaper articles to prove that the Cabinet formally included the four advisors as permanent members instead of relying on primary sources.
He affirmed that Article 153(1) requires Cabinet decisions to be in writing, and no such written record was presented.
“A newspaper report is secondary evidence… it is not reliable as it can be prone to manipulation. Given that the petitioners did not tender credible proof of permanent inclusion into Cabinet meetings… this consolidated petition must inescapably fail.”
Also Read: Ruto Nominee Rejects Job Offer
Ruto Allows Advisors to Attend Cabinet
On June 27, President Ruto cleared the then United Democratic Alliance (UDA) Secretary General Cleophas Malalah to attend Cabinet Meetings.
President Ruto also cleared the Advisor on Women’s Rights, Harriette Chiggai, National Security Advisor, Monica Juma, and the Chairperson of the Council of Economic Advisors, David Ndii, to attend the meetings.
Cabinet explained that Chiggai clearance was in line with getting women’s issues at the centre of his administration.
Meanwhile, Malala was tasked with championing the party’s manifesto in the decision-making processes.
Also Read: Ruto Exposes How MPs and Senators Are Blackmailing Him
Petition Against the Decision
In the petition, Mugane argued the decision to allow the four to attend the Cabinet was unconstitutional.
He claimed that the four advisors took the oath of secrecy to attend Cabinet meetings on June 27, which is illegal.
Mugane accused President Ruto of establishing a government other than what was already provided for in the law.
He also noted that Ruto decided to allow the four to attend Cabinet without involving the National Assembly.
Mugane also pointed out that the four were already holding other positions in government.
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