THREE Ruto’s Cabinet Nominees Face Hard Ball After Activists File Court Petitions For Their Removal
Twelve activists from Kenya Bora Tuitakayo Citizens Association have filed a lawsuit to prevent the installation of CS nominees Kithure Kindiki, Opiyo Wandayi, and Aden Duale, citing a gross violation of the constitution.
The petitioners argue that the Constitution prohibits dismissed public office holders from being reappointed to public service.
The petitioners argued that Wandayi’s appointment would be a waste of public funds if the Ugunja Constituency is returned to the ballot.
“The constitution is clear that a state or public officer once dismissed cannot be appointed to public office. This is in line with Article 73 and 75 under Chapter 6 of the Constitution,” Cyprian Nyamwamu, who led the activists in filing the petitions, explained.
“Article 201 demands prudent use of resources. If Wandayi is made CS, a by-election will be occasioned by the President,” they observed.
“The President already caused numerous by-elections in 2022 by appointing Alice Wahome, Duale, and Kipchumba Murkomen.”
The petitioners are concerned that Kindiki’s re-appointment would interfere with ongoing investigations into human rights violations committed by security personnel during recent anti-government protests.
“Other than the people who were brutally killed and maimed by the police, the police went on a kidnapping spree and Kindiki must bear the highest responsibility for all these atrocities that were meted out to the Kenyan youth whose only crime was a clamor for a just, accountable, ethical and equitable Kenyan society,” read their petition in part.
The petitioners, led by Cyprian Nyamwamu, stated that the Kenya National Commission on Human Rights reported 60 deaths and 66 disappearances.
The activists also objected to Wandayi’s nomination as a Cabinet Secretary nominee for Energy, claiming that it “was done in flagrant violation of Article 10 in that there was no public participation by the people of Ugunja to defeat their suffrage.”
They argued that Wandayi’s appointment would undermine multi-party democracy because he is the parliament’s minority leader.
Furthermore, the petitioners argue that the constitutional consequence of Opiyo Wandayi’s nomination would be a by-election in Ugunja, which would be a waste of public funds.
“Article 201 (d) says that public money shall be used in a prudent and responsible way,” the petition read.
On June 25, 2024, the President announced that the military or Kenya Defense Forces would be deployed to assist the police as Kenyan youth occupied Parliament, which had been whipped at the State House to pass the ill-fated Finance Bill 2024.
List of 2nd batch of nominees to cabinet:
— Hussein Mohamed, MBS. (@HusseinMohamedg) July 24, 2024
1. Ministry of Defence: Hon. Roselinda Soipan Tuya
2. Ministry of Environment, Climate Change and Forestry: Hon. Aden Barre Duale
3. The National Treasury and Economic Planning:Hon. John Mbadi Ng'ongo
4. Ministry of Investments,…
The 12 activists also noted that under his leadership, Mr. Duale allowed the military to join the police in suppressing demonstrators.
They argue that it was “unconstitutional and unjustified seeing that the situation did not warrant such deployment.”
“The primary mission of the Army is the defense of the nation against external land-based aggression,” the petition read.
THREE Ruto’s Cabinet Nominees Face Hard Ball After Activists File Court Petitions For Their Removal
