Chief Justice (CJ) Martha Koome has appointed a three-judge panel to hear the petition filed against President William Ruto’s broad-based government.
CJ Koome has appointed Justices Eric Ogola, Jairus Ngaah, and Stephen Githinji to hear the case filed by Saibatao Ole Kanchory challenging Ruto’s expanded cabinet.
President Ruto reappointed some Cabinet Secretaries (CS) from his first cabinet, four individuals from the ODM party, and some new people to the cabinet after the Gen Z-led anti-finance bill protests.
In the petition, Ole Kanchory challenged the suitability of the then fourteen Cabinet Secretary (CS) nominees to occupy the offices.
The court was tasked with determining whether the ten former CSs could be reappointed to the Cabinet.
He reasoned that the CSs were declared unfit to hold public office after their dismissal from the cabinet by the president. The lawyer said the dismissal of the first Cabinet was due to public demand since their work was not satisfactory.
The CSs include Kithure Kindiki, Adan Duale, Kipchumba Murkomen, Alice Wahome, Salim Mvuria, Rebecca Miano, Dr. Alfred Mutua, David Chirchir, Justin Muturi, and Soipan Tuya.
“I have this afternoon filed a Constitutional Petition and Application under Certificate of Urgency challenging the nomination for appointment as CS of 14 of the 20 nominees on grounds, inter alia, that it amounts to mongrelization, bastardization, and cannibalization of our multiparty democracy and a gross violation of the Constitution. Kenya ni home and we will not relent. They will not believe,” Kanchory said.
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Violation of the Constitution
He accused President Ruto of violating the Constitution by nominating some of the sacked CSs for reappointment to the Cabinet.
“The 1st Respondent’s action of nominating the 5th to 14th Interested Parties for reappointment as Cabinet Secretaries notwithstanding the valid and unmitigated reasons earlier given for their dismissal is a gross and flagrant abuse of the public trust vested in him as President and demonstrates utter contempt and spite for the people of Kenya,” argued Kanchory.
He also cited corruption as one of the reasons why Kenyans went to the streets to demand the dismissal of some CSs.
Additionally, Kanchory said the nomination of the said CSs violated the Constitution and was against the multiparty democracy.
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Other Cases Against Ruto’s Cabinet
Justice Julius Ogogoh also filed a petition through the Commission for Human Rights seeking to stop the appointment of leaders from the opposition party ODM.
Ogogoh argued that the appointment of the four into the Cabinet would conflict with the opposition’s constitutional mandate of oversight of the government.
The ODM CSs are Energy and Petroleum CS James Opiyo Wandayi, Treasury CS John Mbadi, Mining CS Hassan Ali Joho, and MSMEs Development CS Wycliffe Oparanya.
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