Legal Challenge: Nairobi Lawyer Seeks to Bar UDA Leaders from Ruto’s Cabinet Meetings
A Nairobi-based attorney petitioned the High Court to prevent United Democratic Alliance (UDA) Secretary General Cleophas Malala and other leaders from regularly attending Cabinet meetings with President William Ruto.
In a petition, the attorney asserted that the decision was unconstitutional and aimed to establish a government other than what the law already provided.
In addition, he noted that the four individuals, Economic Advisor David Ndii, National Security Advisor Monica Juma, Women’s Rights Advisor Harriette Chiggai, and UDA SG Cleophas Malala, already served in other capacities under the Head of State.
The petitioner was also opposed to Ruto’s decision to permit the four to take an oath of secrecy on June 27 at State House in Nairobi.
He argued that Ruto decided without the National Assembly’s involvement.
“The alleged inclusion of Malala, Ndii, Juma, and Chiggai in the cabinet is invalid, null, and void ab initio as it violates the mandatory constitutional provisions of 2 (1) (2), 3, 10, 129, 130, 131, 132, 152, 153, 154, 156, and 258 of the Constitution, which underpin the substantive and procedural constitutional requirements thereof.
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The petition reads in part, “The inclusion of the four was done without the involvement of Parliament, which exempts them from oversight as provided in Article 95 (5) of the constitution, rendering the inclusion null and void.”
In his petition, the petitioner requested that the court expedite its consideration of the matter, citing the weekly nature of the meetings.
“The said 3rd, 4th, 5th, and 6th Respondents are not Cabinet members and hold other portfolios, namely 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 rights,” the petition stated.
On June 27, Ruto authorized Chiggai to represent women’s interests in cabinet meetings, while Malala was tasked with representing the party’s manifesto in decision-making.
President Ruto authorized the Advisor on Women’s Rights, Harriette Chiggai, to attend the meetings to put women’s issues at the forefront of his administration.
“National Security Advisor Monica Juma, Chairman of the Council of Economic Advisors David Ndii, and UDA Secretary General Cleophas Malala will also attend,” the Cabinet brief stated.
Legal Challenge: Nairobi Lawyer Seeks to Bar UDA Leaders from Ruto’s Cabinet Meetings
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