Activist in court to block four cabinet members from attending meetings
A human rights activist has moved to court seeking orders to stop four members of the Cabinet from attending Cabinet meetings.
Charles Mugane wants the court to stop Cleophas Malala, David Ndii, Ambassador Monica Juma and Harriette Chiggai from attending Cabinet meetings as they are not members of the Cabinet by the meaning of Article 152 of the Constitution of Kenya, 2010.
In an application filed under urgency, Mugane contends that 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 the Constitution.
Mugane claims the inclusion into the cabinet 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.
"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.
Mugane further argues that the action seeks to establish a government other than is provided under the constitution, which action is null and void.
He argues that the inclusion of the four did not conform with the constitution being national values and principles of governance, including inter alia good governance, social justice, inclusiveness, equality, integrity, transparency, accountability, human rights, non-discrimination and fair administrative action.
He says the four are not members of the Cabinet and hold other portfolios being the UDA secretary general, the President’s Chief Economic Advisor, the President’s National Security Advisor and the President’s advisor on women’s rights.
The activist wants the court to grant orders that pending the hearing and determination of the application interprets, an interim Order be issued prohibiting the 3rd, 4th, 5th and 6th Respondents; Malala, Ndii, Amb Monica Juma and Chiggai from attending any cabinet meetings.
"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. BY THE STAR

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