Court Rules David Ndii and Other Presidential Advisers Can Attend Cabinet Meetings
A Nairobi court has ruled that presidential advisers, including economist David Ndii, can attend Cabinet meetings, dismissing a petition that sought to stop them from participating.
On Wednesday, August 14, High Court Judge Lawrence Mugambi delivered the decision, stating that President William Ruto has the freedom to invite experts to Cabinet sessions whenever their advice is needed on specific matters.
Justice Mugambi noted that there are no legal provisions preventing the President from seeking such expert input during these high-level meetings.
According to the judge, the Cabinet should maintain the authority to make discretionary invitations to people with the necessary expertise.
He emphasized that neither the Constitution nor any existing law explicitly prohibits the President or the Cabinet from consulting specialists before making policy decisions.
“The Cabinet should retain the power to make such discretionary invitations. Neither the Constitution nor any law that I am aware of expressly bars the Cabinet or the President from seeking counsel for purposes of having the Cabinet benefit from experts before making policy decisions on a matter before it,” Justice Mugambi ruled.
However, he clarified that granting non-Cabinet members permanent attendance rights would go against the Constitution.
“I do not therefore think that it is the business of this Court to interpret that legal gap in a manner that constrains the discretion of the Cabinet or even the President on an internal operational matter within the Executive Branch,” he added.
The petition challenging their attendance was filed on July 3, 2023, by Walter Dzuya. It named David Ndii, former Kakamega Senator Cleophas Malala, Monica Juma, and Harriette Chiggai.
The petitioner argued that their participation in Cabinet meetings was unconstitutional because they were not Cabinet Secretaries, as defined under Article 152 of the Constitution.
He further claimed that their inclusion violated the national values and principles of governance such as transparency, accountability, and adherence to the rule of law.
“The purported inclusion of Malala, Ndii, Juma and Chiggai to the Cabinet is invalid, null and void ab initio as it contravenes the mandatory constitutional provisions of 2 (1) (2), 3, 10, 129, 130, 131, 132, 152, 153, 154, 156, and 258 of the Constitution, which underpin the substantive and procedural constitutional requirements thereof,” the petition stated.
At the time, David Ndii was serving as the President’s Chief Economic Advisor, Monica Juma as the National Security Advisor, Harriette Chiggai as the Advisor on Women’s Rights, and Cleophas Malala as the Secretary-General of the United Democratic Alliance (UDA) party.
The petitioner also pointed out that the Constitution clearly defines the composition of the Cabinet, which includes the President, Deputy President, Attorney General, and between 14 and 22 Cabinet Secretaries.
He argued that the four were added without the involvement of Parliament, which means they could not be subjected to parliamentary oversight as outlined in Article 95 (5) of the Constitution.
“The inclusion of the four was done without the involvement of Parliament, the same insulates them from oversight as provided in Article 95 (5) of the Constitution, the same being null and void,” the petition further read.
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