Petition Filed To Block Ndii, Malala From Attending Ruto Cabinet Meetings

A Nairobi-based lawyer on Monday, July 3 moved to court seeking orders to bar President William Ruto from allowing United Democratic Alliance (UDA) Secretary General Cleophas Malala and Economic Advisor David Ndii to attend Cabinet meetings on a regular basis.

In a constitutional petition lodged at Milimani High Court, lawyer Charles Mugane noted that the decision to allow Ndii and Malala as well as the President's National Security Advisor Monica Juma and the President's Advisor on Women's Rights, Harriette Chiggai is unconstitutional.

Mugane claimed that the four 'foreigners' took the oath of secrecy to attend Cabinet meetings on Wednesday, June 27 when they are not constitutionally mandated to sit in the Cabinet.

Cleophas Malala with Cabinet Secretaries during a Cabinet meeting at State House on June 27, 2023. /PCS

He argued that the move was aimed at establishing a government other than what was already provided for in the law and that the four were already serving in other capacities under the Head of State.

He also argued that Ruto made the decision without involving the National Assembly.

"The purported inclusion of Malala, Ndii, Juma and Chiggai to the cabinet is invalid, null and void ab initio as it contravenes the mandatory constitutional provisions of 2 (1) (2), 3, 10, 129, 130, 131, 132, 152, 153, 154, 156, and 258 of the Constitution which underpins the substantive and procedural constitutional requirements thereof.

"The inclusion of the four was done without the involvement of Parliament, the same insulates the “strangers” from oversight as provided in Article 95 (5) of the constitution, the same being null and void," Mugane stated.

The petitioner requested the court to attend to the matter with urgency as the meetings were held every week.

“The said 3rd, 4th, 5th and 6th Respondents are not members of the Cabinet and in fact hold other portfolios being the 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 right,” the petition added.

President Ruto cleared the quartet to be attending the Cabinet meetings, with Chiggai cleared to attend on the basis of getting women's issues at the centre of his administration.

Malala's new role will see him tasked with championing the party's manifesto in the decision-making processes.

The move by Ruto was almost similar to that one of former President Uhuru Kenyatta who allowed former Jubilee Secretary General Rafael Tuju to attend Cabinet meetings during his second term.

In his position, Tuju - who served as a CS without a portfolio - was tasked with monitoring the performance of Cabinet Secretaries from a third person's view.

According to Article 152 of the 2010 Constitution of Kenya - the Cabinet consists of the President, the Deputy President, the Attorney-General and CSs. The Head of Public Service and Secretary to the Cabinet also attend the meetings.