Badi sitting in Cabinet illegal, void, rules court

The High Court has overturned President Uhuru Kenyatta’s decision to co-opt Nairobi Metropolitan Services (NMS) Director General Mohammed Badi into the Cabinet.

Justice Anthony Mrima declared that the President's decision was in contravention of the Constitution, illegal and void 'ab initio' (from the beginning).

While ruling on a petition filed by Kandara MP Alice Wahome, an ally-turned foe of President Kenyatta, the judge also issued an order of prohibition barring Major General Badi from attending any Cabinet meetings, Cabinet Committee meetings or discharging any functions of the Cabinet.

Ms Wahome contended that by appointing the military general, the President allowed a stranger to sit at the country’s top decision making organ. She stated that the President had bypassed the constitution in inviting the Major General to the cabinet meetings.

Major General Badi was allowed to attend Cabinet meetings pursuant to Executive Order No. 3 of 2020 and after taking an oath of secrecy at State House Nairobi in September last year.

However, the court ruled that the basis on which the decision to include Major General Badi into the Cabinet is not clear and is questionable.

"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," said the judge.

He noted that there is no doubt that the appointment of Major General Badi was not approved by the National Assembly.

As such it is unclear as to by whom and how the Major General will be oversighted. His term of office in the Cabinet also remain an illusion, said the judge.

"His retention into the Cabinet no doubt raises far too many unanswered questions,” stated Justice Mrima.