Petition Filed To Block Ruto From Appointing 14 CSs, Including Mbadi, Joho, Oparanya & Wandayi

With less than a week to go till the vetting of 20 of President William Ruto's Cabinet nominees, a petition has been filed at the High Court of Kenya in Malindi challenging the nominations of 14 of them.

Lawyer Saitabao Ole Kanchory filed a Constitutional petition challenging the nominations that include the likes of John Mbadi, Hassan Joho, Opiyo Wandayi and Wycliffe Oparanya, all of whom are allied to the opposition party, Orange Democratic Movement (ODM).

“I have this afternoon filed a constitutional petition and application under certificate of urgency challenging the nomination for appointment as CS of 14 of the 20 nominees on grounds, inter alia, that it amounts to mongrelization, bastardization, and cannibalization of our multiparty democracy and a gross violation of the constitution. Kenya is home and we will not relent,” said Kanchory in a statement on Friday, July 26.

From top left to bottom right; Cabinet Secretary nominees Opiyo Wandayi, John Mbadi, Wycliffe Oparanya and Ali Hassan Joho. /VIRAL TEA KE

The petition seen by Viral Tea challenged the constitutionality of the nomination by the President of the 14th individuals for appointment as Cabinet Secretaries and the said persons are likely to be vetted by Parliament and approved for appointment in the next few days in "utter disregard and total violation of the Constitution."

Kanchory wants National Assembly Speaker, Moses Wetangula barred from commencing, conducting or entertaining approval hearings or vetting of the nominees and for the President to be barred from appointing them, if they go through the vetting successfully, pending the inter partes hearing of the application.

He faulted the nomination of the four individuals, terming it a serious and flagrant incursion on the Kenyan multiparty democracy enshrined and envisaged in Article 4(2) of the Constitution, which establishes Kenya as a multi-party democratic state founded on the national values and principles of governance.

"The nomination and intended appointment of the 1st to 4th Interested Parties being members of the largest opposition party in Parliament will greatly prejudice the crucial and critical oversight role of the Kenyan parliament including the role of the National Assembly to exercise oversight over national revenue and national government expenditure, check the conduct of the President, the Deputy President and other State officers and exercise oversight over state organs.

"The nomination of the 1st to 4th Interested Parties in effect renders the opposition in Kenya ineffective and useless and for all intents and purposes renders Kenya a one-party state in violation of Articles 4(2) and 10(2)(a) and (c) of the Constitution," Kanchory warned.

He was of the view that the national values and principles of good governance, integrity, transparency and accountability can only be realized in a multiparty democracy with a robust and effective Parliament able to exercise its crucial oversight role and provide checks and balances against the executive arm of government. 

Kanchory invited the court to note that the national values and principles of governance including democracy, good governance, integrity, transparency and accountability are so hallowed in the Constitution that they can only be amended through a referendum.

"The attack and attempt by the 1st Respondent to water down our multiparty democracy along with its inherent principles of good governance, integrity, transparency and accountability is an abrogation of his duty to respect, uphold and safeguard the Constitution as stipulated under Article 131(2) as read with Articles 2, 3, 4(2) and 10(2)(a) and (c) of the Constitution," he argued.

"The 1st Respondent’s aforesaid actions are an abuse of the public trust vested in him as President which he is required to exercise in a manner, inter alia, that is consistent with the purposes and objects of the Constitution and more particularly by safeguarding Kenya’s multiparty democracy and the principles of good governance, integrity, transparency and accountability that go along with such a multiparty democratic state. The nomination of the 1st to 4th Interested Parties for appointment as Cabinet Secretaries is a gross violation of the letter and spirit of the Constitution particularly Article 77(2) as all of them hold office in a political party, the Orange Democratic Movement (ODM)."

He also argued that the nomination of the four ODM members for appointment as Cabinet Secretaries is a violation of Article 131(2)(a) of the Constitution requiring the President to respect, uphold and safeguard the Constitution when exercising his authority and powers. 

Other than the four, the 10 nominees Kanchory wants blocked from appointment include Kithure Kindiki, Alice Wahome, Soipan Tuya, and Aden Duale.

Others are Davis Chirchir, Salim Mvurya, Rebecca Miano, Alfred Mutua, Kipchumba Murkomen, and Justin Muturi.

The full list of President William Ruto's Cabinet nominees. /VIRAL TEA KE