A lobby group has petitioned the High Court challenging the appointment of Musalia Mudavadi as the Prime Cabinet Secretary in the Kenya Kwanza government.
In the petition, operation Linda Jamii stated that the creation of the Office of the Prime Cabinet Secretary (OPCS) is illegal and amends the basic structure of the Executive.
Further, the lobby said the creation of the OPCS to assist President William Ruto in the running of the government is like creation of a second office of the Deputy President.
“To this end, the petitioner avers that to the extent that the Executive Order No.1 of 2023 created the Office of the Prime Cabinet Secretary whose major role is to assist the President alongside the DP in the day to day running of the government, the creation of the said office and Executive Order violate the national values and principles of governance,” said the lobby.
Further, the group wants the court to declare the creation of the office unconstitutional as it violates Article 147(1) of the Constitution.
Among other items, Kenya Kwanza team included the issue of the Office of the Prime Cabinet Secretary as one of their items for discussion in the bipartisan talks.
The government wants the embedment of the Office of Prime Cabinet Secretary and entrenchment of the Office of the Leader of the Opposition to be part of the agendas of the talks.
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In his position, Mudavadi assists the President and the DP in the co-ordination and supervision of Government Ministries and State Departments.
In addition, the PCS chairs, and co-ordinates the National Government legislative agenda across all ministries and state departments in consultation with and for transmission to the party and coalition Leaders in Parliament.
Also, Mudavadi in liaison with the Ministry for Interior and National Administration, oversees the implementation of National Government policies, programmes and projects.
Further, PCS chairs the Principal Secretaries Committees and supervises the technical monitoring and evaluation of Government policies, programs and projects.
Mudavadi also performs any other function assigned to him by the President.
Deputy President Functions
According to Article 147 of the Constitution, the Deputy President is the principal assistant of the President and is mandated to deputize him in the execution of the President’s functions.
The DP is tasked with chairing Cabinet Committees and overseeing implementation of Cabinet decisions across all Ministries and State Departments.
Also, the DP can act as the President if the sitting President is absent, temporarily incapacitated or whenever the President assigns this responsibility.
Further, the DP shall perform the functions conferred by the Constitution and any other functions of the President as the President may assign.