Lawyer Files Petition Challenging Nomination Of 14 CSs

Lawyer Saitabao Ole Kanchory has filed a petition seeking to challenge the nomination of 14 out of 20 Cabinet Secretaries to the cabinet.

In a statement on Friday, July 26, Kanchory said the nomination of the 14 CSs was a gross violation of the constitution.

“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 is home and we will not relent,” said Kanchory.

The 14 nominees include; Opiyo Wandayi, John Mbadi, Hassan Joho, Wycliffe Oparanya, Kithure Kindiki, Alice Wahome, Soipan Tuya, and Aden Duale.

Others are Davis Chirchir, Salim Mvurya, Rebecca Miano, Alfred Mutua, Kipchumba Murkomen, and Justin Muturi.

In the petition, Kanchory claimed that President Ruto violated multiparty democracy by appointing Raila Odinga’s allies to cabinet.

“The nomination and intended appointment of the 1st to 4th Interested Parties as Cabinet Secretaries is a complete mongrelization, bastardization and cannibalization of our multiparty democracy enshrined in Article 4 (2) of the Constitution as it seeks to subsume and destroy the opposition both in and out of Parliament and to create a monstrous mongrel government without any checks and balances,” he stated.

Kanchory who was Odinga’s chief agent in the 2022 general election argued that the opposition would be rendered ineffective if the 4 ODM members were approved to be CSs.

He also pointed out that the President was wrong to reinstate 10 CSs after he dissolved the cabinet following the anti-government protests.

“The 1st respondent’s aforesaid action of nominating the 5th to 14th Interested Parties for reappointment as Cabinet Secretaries notwithstanding the valid and unmitigated reasons earlier given for their dismissal is a gross and flagrant violation of Chapter Six of the Constitution and in particular Article 73(2)(a) stipulating the principles of leadership and integrity including selection of persons on the basis of personal integrity, competence and suitability,” Kanchory stated.

He asked the court to issue an order blocking the National Assembly from commencing, conducting or entertaining approval hearings or vetting of the 14 CS nominees and President Ruto to be blocked from appointing the nominees to cabinet pending hearing and determination of the petition.