Chief Justice Martha Koome appointed three judges of the High Court on Thursday to hear and determine a case challenging President William Ruto’s expanded Cabinet.
The three-judge bench is composed of Justices Eric Ogola, Jairus Ngaah, and Stephen Githinji who will hear a case filed by Saibatao Ole Kanchory and Julius Ogogoh.
In the suit, lawyer Saitabao Ole Kanchory filed a petition in Malindi Court challenging the nomination of 14 cabinet nominees who have since assumed office.
Court documents dated Friday, July 26, 2024, disclosed that Ole Kanchory had filed a petition and application under a certificate of urgency challenging the nomination of 14 CS nominees.
President William Ruto shakes hands with Chief Justice Martha Koome at State House, Nairobi on September 14, 2022.
Kenyans.co.ke
According to Lawyer Saitabao Ole Kanchory, the 14 appointed cabinet secretaries have questionable past over integrity issues and their appointment is a violation of the constitution.
Among the cabinet secretaries who the lawyer noted are unfit for office are Wycliffe Oparanya of Co-operatives, Ali Hassan Joho of Mining and Blue Economy and Davis Chirchir of Roads and Transport Ministry.
The list further includes CSs Kipchumba Murkomen for Youth Affairs and Sports, Kithure Kindiki for Interior and National Administration, Alice Wahome for Lands, and Soipan Tuya for Defence.
The lawyer pointed out that the Kenyan Constitution requires individuals appointed to serve in government as state or public officers to be of unquestionable character.
Ole Kanchory added that an appointed minister is not supposed to hold office in a political party or be an elected or nominated Member of Parliament.
“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,” the petition read in part.
Julius Ogogoh through the Commission for Human Rights and Justice filed a petition to halt the appointment of leaders from the Orange Democratic Party (ODM). In the petition, Ogogah argued the appointment of the four into cabinet will conflict with the opposition’s Constitutional mandate of oversight of the government.
A photo of the statue outside the Nairobi Law Courts
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Judiciary
Previously, the Ethics and Anti-Corruption Commission (EACC) wrote to parliament requesting Oparanya’s approval as minister cooperative to be halted due to a graft case levelled against him during his tenure as Kakamega governor.
