President William Ruto on Tuesday cleared UDA Secretary General Cleophas Malala, his advisers Monica Juma (security), David Ndii (economy) and Harriette Chiggai (Women Affairs) to join Cabinet meetings.

The four took their oaths of office before they joined a cabinet meeting chaired by the President even as their inclusion in the cabinet has stirred controversy and invited calls for a Constitutional interpretation.

But a matter that has come back to haunt Ruto is the ruling made by the High Court back in 2021 that saw a move by then President Uhuru Kenyatta to include Lit Gen Mohamed Badi in the cabinet quashed.

Ironically, the judgment was made by Justice Anthony Mrima on a petition was filed by former Kandara MP Alice Wahome (now Cabinet Secretary for Water, Sanitation and Irrigation) and a close ally of Ruto.

When issuing the ruling then, Justice Mrima accused then President Uhuru of allowing a “stranger” to sit in cabinet meetings and declared the decision, as contained in Executive Order No 3 of 2020, illegal.

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The judge barred Badi from attending cabinet meetings or executing any roles of the cabinet.

“There is no doubt the appointment of Badi into the Cabinet was not approved by the National Assembly. As such it is unclear as to by whom and how Badi will be oversighted. His term of office in the Cabinet also remains an illusion,” said Mrima in his ruling.

Wahome, a former Uhuru ally who ditched him for Ruto years ahead of the 2022 election, challenged the legality of having Nairobi Metropolitan Services (NMS) Director General Badi into Uhuru’s cabinet.

In his ruling, Justice Mrima agreed with Wahome that Uhuru’s appointment of Lt General Badi was unconstitutional as he was not vetted and approved by the National Assembly as required by the law.


William Ruto and Alice Wahome during UDA campaigns in 2022. PHOTO/COURTESY

“It appears that the decision is shrouded in secrecy and therefore lacks transparency,” said Mrima.

Senior Counsel Ahmednasir Abdullahi was among the lawyers and other Kenyans who have questioned the move by the Head of State and his then “tangatanga” lieutenants had backed the case by Wahome.

“Did the Hon Attorney General @HonJBMuturi or CS @WahomeHon bring to the attention of H.E. @WilliamsRuto this judgment of the High Court that probits strangers to eavesdrop on meetings of the cabinet?” posed Ahmednasir on Twitter on Tuesday.

Article 152 of the Constitution says the cabinet shall constitute of not less than 14 and not more than 22 Cabinet Secretaries and the President shall and appoint them after approval by the National Assembly.