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It will not be a walk in the park for President William Ruto’s nominees to the Cabinet.

With a high-level vigilance among angry Kenyans and scrutiny by a strong army of  semi-mobilised anti-Ruto crusaders and civil society, an avalanche of suits have already been filed raising concerns over the suitability of the candidates.

The court petitions revolved around the legality of the appointments and track records of the nominees.

Already two suits have been filed in court challenging the nomination of some of the individuals and are expected to be heard today in Nairobi and Malindi High Courts. The vetting for the nominees is set for this week to run for four days starting Thursday.

Questions have also been raised concerning the suitability of one of the nominees who has been banned from travelling to the US for unexplained reasons.

Focus now shifts to the Committee on Appointments, which is chaired by Speaker Moses Wetang’ula and deputized by Gladys Shollei that will tasked to interview the candidates.

It is widely expected that Chapter Six and Article 10 on integrity and the national values and principles of governance will be the key rulebook for the vetting.

Other committee members are Committee Members are Kimani Ichung’wah, Owen Baya, Robert Mbui, Rahab Mukami, Dido Raso, Gitonga Murugara, David Gikaria, Ferdinard Wanyonyi, Mary Emaase, and Dawood Rahim.

Others are Junet Mohamed, Caleb Amisi, Stephen Mule, Nelson Koech, Omar Shurie, Naisula Lesuuda, David Pkosing and Mishi Mboko.

Incidentally, one of the nominees, National Assembly Minority Leader Opiyo Wandayi is also a member of Wetangula’s committee.

Clearance requirement

While it is a requirement that state officers get clearance from the Ethics and Anti-Corruption Commission (EACC), it is not therefore clear whether Wycliffe Oparanya nominees for (Ministry of Co-operatives and Micro, Small and Medium Enterprises (MSMEs) Development) docket will be Okayed for vetting.

On October 12, 2023, EACC recommended to the ODPP that Oparanya, his spouse, some county officials and some of the directors of the companies be charged with conspiracy to commit an offence of corruption, conflict of interest, abuse of office and money laundering. And on December 18, 2023, the ODPP returned the file and concurred with the commission’s recommendations for prosecution.

However, the former Kakamega governor has since obtained a stay order to stop his arrest until a petition he filed in court is determined.

Hassan Joho the nominee for the Mining, Blue economy and Maritime affairs docket is also facing challenges after two activists filed petitions with the Vetting Committee citing cases where he is being investigated over graft related matters.

The two bodies challenging Joho’s nomination, Genesis for Human Rights Commission and People’s Movement for Human Rights want the vetting committee to find the former Mombasa governor unfit to hold public office.

Asked to comment on the matter, EACC spokesperson Eric Ngumbi was cagey only referring us to the vetting committee.

“You are supposed to channel this question to the National Assembly or check in the requirements that it has put in the advert it has done on the matter,” Ngumbi said via WhatsApp.

Asked to give the names and the number of the nominees under investigations, Ngumbi again responded, “A comment on the matter at this stage will be premature and prejudicial.”

Disputed appointments

Already the National Gender Commission has disputed  the appointments.

Meanwhile, lawyer Saitabao Ole Kanchory has filed a petition in a Malindi court challenging the nomination of 14 of the CSs. Kanchory says that he has filed a constitutional petition and application under a certificate of urgency challenging the nomination of 14 of the 20 CS nominees. Kanchory says the nomination of the said CSs violates the constitution and weakens the country’s multiparty democracy.

“I have 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.

Kanchory added that a minister should not hold office in a political party or be an MP. “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.

Another suit has also been filed by an activist challenging the nomination of the four ODM nominees on the basis that it is unconstitutional since they were elected to check the government as opposition. Commission for Human Rights Director, Julius 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 (coalition) and the Orange Democratic Party by the people of Kenya,” argues Ogogo.

ODM Legislators

The sued nominees are legislatures from the ODM and other former CSs from the recently dissolved cabinet.

The 14 are, Ugenya MP Wandayi who is the nominee for the Ministry of Energy and Petroleum, John Mbadi (National Treasury and Economic Planning), Joho (Ministry of Mining, Blue Economy and Maritime Affairs), 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).

ODM Secretary General has also aired similar sentiments that the four nominees should resign from their party positions.