Kandara MP Alice Wahome has moved to court seeking orders banning Nairobi Metropolitan Service (NMS) chief Major General Mohammed Abdalla Badi from attending cabinet meetings.
Last week, the State House announced that Major General Badi would be allowed to attend Cabinet meetings after he took the Oath of Secrets in a ceremony witnessed by President Uhuru Kenyatta.
However, in a petition filed Tuesday, Kandara MP argues that Badi’s participation in Cabinet meetings is “illegal, unconstitutional and invalid”.
“The third respondent (Badi) has not been appointed to the cabinet as provided for in the Constitution and his appointment is illegal and invalid,” the petition reads.
Wahome cites Article 152 (1) of the Constitution which stipulates that the Cabinet consists of the President, the Vice President, the Attorney General and the Secretaries of the Cabinet.
The Attorney General, the Secretary of the Cabinet and Major General Badi were cited as the first, second and third respondents respectively.
The MP argues that the Secretary of the Cabinet has violated the Constitution by allowing a “foreigner” in the Cabinet.
In a statement issued on September 10, 2020, the State House said: request of all persons attending Cabinet Meetings or participating in running the Cabinet Business. The Director General will henceforth attend all meetings of the Cabinet and its Committees, in accordance with Executive Order no. 3 of 2020. “
Kandara MP wants the Executive Order to be revoked.
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