President Uhuru Kenyatta’s decision to appoint Nairobi Metropolitan Services (NMS) Director-General Mohammed Badi to the Cabinet was reversed by the High Court.
The President’s decision was deemed to be in violation of the Constitution, unlawful, and void ‘ab initio’ by Justice Anthony Mrima (from the beginning).
The judge issued an injunction prohibiting Major General Badi from attending any Cabinet meetings, Cabinet Committee meetings, or fulfilling any tasks of the Cabinet while judging on a petition submitted by Kandara MP Alice Wahome, a former ally turned critic of President Kenyatta.
Ms Wahome said that by choosing the military general, the President had appointed a stranger to the country’s highest decision-making body.
She claimed that the President had broken the law when he invited the Major General to cabinet meetings.
After swearing an oath of secrecy at State House Nairobi in September last year, Major General Badi was allowed to attend Cabinet sessions under Executive Order No. 3 of 2020.
The court, on the other hand, decided that the decision to admit Major General Badi in the Cabinet was based on shaky grounds.
“His position, role and mandate in the Cabinet is unknown or at least the Respondents (Attorney General, Secretary to the Cabinet and Major General Badi) chose not to disclose as much. It seems like the decision is masked in secrecy and therefore lacks transparency,” The judge ruled.