An activist has moved to court seeking to block four individuals from attending Cabinet meetings.
Charles Mugane wants Cleophas Malala, David Ndii, Ambassador Monica Juma, and Harriette Chiggai blocked from attending meetings since they are not members of the Cabinet as defined by Article 152 of the Kenyan Constitution of 2010.
Mugane argues that the inclusion of Malala, Ndii, Juma, and Chiggai in the cabinet is unlawful and unconstitutional.
“The Cabinet holds weekly meetings and there is a real danger that the 3rd, 4th, 5th and 6th Respondents will continue attending the said meetings if this court does not intervene,” Mugane says in court documents.
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According to Mugane, the four were included in cabinet meetings without the consent of Parliament, which exempts them from the scrutiny required by Article 95(5) of the constitution and renders the entire process null and unconstitutional.
In addition, the activist contends that their inclusion is invalid since it aims to establish a different form of government than that which the constitution establishes.
He claims that including the four violated the national values and guiding principles of government, which include, among other things, good governance, social justice, inclusivity, equality, integrity, transparency, accountability, human rights, non-discrimination, and fair administrative action.
The petitioner wants the court to give interim orders barring the third, fourth, fifth, and sixth respondents—Malala, Ndii, Juma, and Chiggai—from attending any cabinet meetings, pending the hearing and interpretation of the matter.
“Pending the hearing, determination and final disposal of this Petition, an interim order be and is hereby issued prohibiting the 3rd, 4th, 5th and 6th Respondents; Cleophas Malala, David Ndii, Amb Monica Juma and Harriette Chiggai from attending any cabinet meetings,” court documents read.
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