A civil society group is back in court seeking orders to block President Uhuru Kenyatta's Cabinet from performing any functions or earning salaries.
The Centre for Rights Education and Awareness
argues that Uhuru's Cabinet is in breach of a High Court ruling that the next Cabinet comply with the constitutional threshold of one third of either gender.
Justice Joseph Onguto had in December 2016 ruled in a case filed by Creaw and Community Advocacy and Awareness Trust, that the President and the National Assembly must ensure full compliance of the gender equity principle in the next Cabinet.
Armed with the judgment, Creaw argues the President has disregarded and disobeyed the order and are seeking
an order suspending any resolutions, decisions, directives, or any formal act that have been undertaken by the Cabinet either collectively or individually.
“The Cabinet fails the test of legality under Article 27(8) then as established is in violation of the Article and hence any action, decision, policy or directive made by the Cabinet as a body or the individual Cabinet Secretaries are a nullity in law,” lawyer Waikwa Wanyoike, for CREAW said.
Out of the 23 CSs , 17 (73.9 percent) are men while women are 6, which translates 26.1 percent. Other members include the President, his Deputy and Attorney General Nominee Kihara Kariuki.
The law requires that no more than two- thirds persons taking up elective or appointed positions in a government body be of the same gender.
Creaw says the AG was served with the decree and was reminded to advice the President on the compliance of the two rule, yet the same was ignored.
The lobby wants the President ordered to reconstitute the Cabinet within 21 days in strict compliance with the Constitution and the approval by Parliament declared null and void.