The High Court in Nairobi has dismissed a case filed by a lawyer, challenging President William Ruto’s decision to invite former United Democratic Alliance Secretary General Cleophas Malala, David Ndii, Monica Juma, and Harriette Chiggai to attend Cabinet meetings.
Justice Lawrence Mugambi said there was no formal communication from the presidency to show they sat in the top government organ despite not being its members.
He said lawyer Charles Mugane should bring more information for the court to tilt the scales of justice, adding that since Ndii, Malala, Juma and Chiggai had denied sitting in the Cabinet, the honours were on the lawyer to prove his allegations.
The judge said non-cabinet members sitting in Cabinet was not a novel issue as the current Lands Minister Alice Wahome had challenged the former Nairobi Metropolitan Services (NMS) boss General Mohammed Badi’s presence in former President Uhuru Kenyatta’s cabinet.
He said the difference between then and now was that there was an official communication from the presidency that Badi had taken an oath of secrecy.
However, he argued that stories from newspapers that Ndii, Malala, Juma and Chiggai sat in Cabinet were secondary evidence which could not move the court.
In a case of an alleged infringement of constitutional provisions, Mugane, argued that their presence in Cabinet meetings is unconstitutional and violates several provisions.
