Activists File Petition to Block Cabinet Appointments of Kindiki, Duale, and Wandayi
Activists are petitioning the court to prevent Prof Kithure Kindiki, Aden Duale, and Opiyo Wandayi from joining the Cabinet, claiming their appointments breach the Constitution.
The Kenya Bora Tuitakayo Citizens Association, comprising twelve petitioners, fears Prof Kindiki’s re-appointment may obstruct investigations into human rights violations by security forces and pro-government groups during the anti-government protests in June and July.
Cyprian Nyamwamu, leading the activists, cited a report by the Kenya National Commission on Human Rights dated July 24, 2024, which documented 60 deaths and 66 missing persons resulting from the protests.
The petitioners argue that nominating Hon Kithure Kindiki for the Interior and National Administration Ministry is insensitive and contemptuous given his human rights record during his previous tenure in that role.
The group also contends that appointing Mr. Wandayi to the Energy and Petroleum Ministry undermines multi-party democracy since he is the minority leader in the National Assembly.
They allege President William Ruto breached Article 201 of the Constitution on public finance principles by nominating and appointing Prof Kindiki (Interior), Mr. Duale (Environment), Ms Alice Wahome, and Mr Kipchumba Murkomen (Sports).
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The petitioners claim that public funds are being used irresponsibly and that Mr Wandayi’s appointment as CS Energy exacerbates this issue.
President Ruto’s nominations include other ODM members: John Mbadi (Treasury), Mr. Hassan Joho (Mining, Blue Economy), and Mr Wycliffe Oparanya (Cooperatives and MSME Development).
The petitioners oppose Prof Kindiki’s re-appointment, citing his alleged involvement in extra-judicial executions, excessive use of force, abductions, and other human rights violations.
The petition asserts that nominating Hon Kindiki and Hon Duale before they are cleared of wrongdoing by ongoing investigations constitutes an abuse of power and contempt for the Kenyan people.
Mr Nyamwamu stated that during vetting, Prof Kindiki showed no empathy or remorse for the victims of alleged security force atrocities under his command.
They claim Prof Kindiki consistently deflected responsibility despite his significant role in police operations during that time.
Lawyer Kibe Mungai argued that issuing the sought conservatory orders is essential to uphold the supremacy of Kenya’s constitution over the President’s decisions, which allegedly disregard constitutional principles and values.
The petitioners are also advocating for a referendum to decide whether President Ruto and Deputy President Rigathi Gachagua should continue in office.
The petition calls for a popular vote by October 2024 to address the profound legitimacy crisis facing Kenya, potentially terminating the tenure of the President and Deputy President.
Activists File Petition to Block Cabinet Appointments of Kindiki, Duale, and Wandayi
