Lawyer Saitabao Ole Kanchory files petition challenging Ruto's 14 CS nominees

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Lawyer Saitabao Ole Kanchory files petition challenging Ruto’s 14 CS nominees

Friday, July 26, 2024
7:25 pm

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Vibrant Lawyer Saitabao Ole Kanchory has filed a petition in a Malindi court challenging President William Ruto’s fourteen new cabinet secretaries (CS) nominees ahead of August vetting.

In a court document dated Friday, July 26, 2024, shared on his X account, Kanchory disclosed that he has filed a constitutional petition and application under a certificate of urgency challenging the nomination of fourteen of the twenty CS nominees.

Kanchory says the nomination of the said CSs violates the constitution and weakens the country’s multiparty democracy.

“I have this afternoon filed a Constitutional Petition and Application under Certificate of Urgency challenging the nomination for appointment as CS of 14 of the 20 nominees on grounds, inter alia, that it amounts to mongrelization, bastardization and cannibalization of our multiparty democracy and a gross violation of the Constitution. Kenya ni home and we will not relent. They will not believe,” Kanchory said.

While quoting the constitution, Kanchory added that a minister should not hold office in a political party or be a Member of Parliament.

“A Cabinet Secretary is an appointed state officer and shall, therefore, not hold office in a political party. A Cabinet Secretary shall not be a member of Parliament,” Kanchory’s petition reads.

Other petitioner

Julius Ogogoh has also filed a petition seeking to stop the appointment of leaders from the opposition party ODM.

Through the Commission for Human Rights and Justice, Ogogoh argues that the appointment of the four into Cabinet will conflict with the opposition’s Constitutional mandate of oversight of the government.

“Given the fact that the Interested Parties as members of the official opposition coalition in the National Assembly has a constitutional duty to oversight the function of the Executive and other arms of the government, the nomination and appointment of the Interested Parties into the cabinet and/or government as secretaries shall conflict with their constitutional duty bestowed upon the opposition party by the people of Kenya and the constitution to oversight the government and to provide checks and balance,” the petition reads in part.

“The Petitioners and the entire citizenry of Kenya stand to suffer great prejudice and a violation and infringement of their constitutional Rights as this amounts to utter violation of the constitution of Kenya and betrayal of the trust bestowed upon the Azimio la Umoja-One Kenya Aliance (coalition) and the Orange Democratic Party by the people of Kenya.”

CS nominees sued

The sued nominees are legislatures from the Orange Democratic Movement(ODM) and other former CSs from the recently dissolved cabinet.

Here are the fourteen nominees.

Ugenya Constituency Member of Parliament James Opiyo Wandayi who is the nominee for the Ministry of Energy and Petroleum.

John Mbadi Ng’ongo the National Treasury and Economic Planning nominee, Hassan Ali Joho (Ministry of Mining, Blue Economy and Maritime Affairs), Wycliffe Ambetsa Oparanya (Ministry of Co-operatives and Micro, Small and Medium Enterprises (MSMEs) Development), Kithure Kindiki (Ministry of Interior and National Administration), Alice Wahome (Lands, Public Works Housing and Urban Development).

Others include Roselinda Soipan Tuya (Ministry of Defence), Aden Barre Duale (Ministry of Environment, Climate Change and Forestry), Davis Chirchir (Ministry of Roads and Transport), Salim Mvurya (Ministry of Investments, Trade and Industry), Rebecca Miano (Ministry of Tourism and Wildlife), Alfred Nganga Mutua (Ministry of Labour and Social Protection), Onesmus Kipchumba Murkomen (Ministry of Youth Affairs, Creative Economy and Sports) and Justin Bedan Njoka (Ministry of Public Service and Human Capital Development).

I have this afternoon filed a Constitutional Petition and Application under Certificate of Urgency challenging the nomination for appointment as CS of 14 of the 20 nominees on grounds, inter alia, that it amounts to mongrelization, bastardization and cannibalization of our…
— Saitabao ole Kanchory (@Saitabao) July 26, 2024