Kandara Member of Parliament Alice Wahome has moved to court seeking orders barring Nairobi Metropolitan Service (NMS) boss Major General Mohammed Abdalla Badi from attending Cabinet meetings.
Last week, State House announced that Maj-General Badi would be allowed to attend Cabinet meetings after he took the Oath of Secrecy in a ceremony witnessed by President Uhuru Kenyatta.
However, in a petition filed on Tuesday, the Kandara MP argues that Badi’s participation is Cabinet meetings is “illegal, unconstitutional and void.”
“The 3rd respondent (Badi) has not been appointed to the Cabinet as provided for in the Constitution and his appointment is illegal and void,” reads the petition.
Wahome cites Article 152(1) of the Constitution which stipulates that the Cabinet consists of the President, Deputy President, Attorney General and Cabinet Secretaries.
The Attorney General, Secretary to the Cabinet and Major-General Badi have been cited as first, second and third respondents respectively.
The MP argues that the Secretary to the Cabinet has violated the Constitution by allowing a “stranger” in the Cabinet.
In a statement issued on September 10, 2020 State House said: “His Excellency the President this morning witnessed the taking and subscription to the Oath of Secrecy by Major-General Mohammed Abdalla Badi, the Director-General of the Nairobi Metropolitan Services (NMS), a requirement of all persons who attend Cabinet Meetings or participate in the conduct of Cabinet Business. The Director-General shall henceforth attend all meetings of Cabinet and its Committees, pursuant to Executive Order No. 3 of 2020.”
The Kandara MP wants the Executive Order quashed.
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