Mudavadi’s Prime CS post in limbo as lobby term it illegal, urge court to scrap it out
The Musalia Mudavadi’s held Prime Cabinet Secretary post is in limbo after a lobby group filed a petition at the High Court challenging its creation and subsequent appointment of the office bearer saying it is illegal.
The lobby now wants it scrapped saying it amounts to amendment of the basic structure of the Executive and is in competition with the office of the Deputy President held by Rigathi Gachagua.
The suit comes at time the ruling Kenya Kwanza administration listed the establishment and the entrenchment of the Office of the Leader of the Opposition, and embedment of the Office of Prime Cabinet Secretary as key agenda items of the yet to start bipartisan talks between the opposition Azimio One Kenya Coalition and Kenya Kwanza Alliance.
Operation Linda Jamii led by their president Fredrick Ogola claims that it’s unconstitutional to create such an office whose functions as spelled out in Executive Order No 1 of 2023, alter the Basic Structure of the Constitution.
The petitioner further states that the President’s Cabinet-level appointments of Harriette Chiggai as the CS President’s Women rights adviser and Monica Juma as CS President’s National Security adviser positions are not contemplated in the constitution and are thus unlawful, illegal and unconstitutional.
The petitioner also challenges the entire constitutive composition of the cabinet for failing to comply with the constitutional dictates on gender balance, inclusion of persons living with disability and the youth.
The petitioner pleads that with the representation of the composition of the Cabinet and the President and Deputy President who are all male, the Cabinet as presently constituted fails to comply with the constitutional gender principle that not more than two-thirds of elective and appointive bodies should comprise of the same gender.
“The cabinet as presently constituted does not comprise of at least 5 per cent of persons living with disabilities thus violative of the constitution and principles of affirmative action entrenched in the constitution.” Ogola claims.
He wants the Court to issue a declaration that the establishment of the office of the Prime Cabinet Secretary amounts to the amendment of the basic structure of the national executive contrary to Articles 10(2),130(1), 147(1) & 153(2) of the Constitution and therefore unconstitutional, illegal, null and of no legal effect.
“The foregoing notwithstanding, the creation of the office of the Prime Cabinet Secretary to assist the President and the Deputy President in the day-to-day running of the government is akin to creating a second office of the Deputy President, who by law is the only assistant to the president.” Documents filed in court reads in part.
