• Wahome says the inclusion of Badi in the Cabinet is illegal and a breach of the Constitution as it was done without parliamentary approval.
• She says in bypassing Parliament, Badi was insulated from oversight into his conduct as provided for by law.
Kandara MP Alice Wahome has petitioned the courts to bar Nairobi Metropolitan Services boss Mohamed Badi from attending Cabinet meetings.
Wahome said the decision by President Uhuru Kenyatta to include the major-general in the Cabinet is illegal and a breach of the Constitution as it was done without parliamentary approval.
“To the extent that there is now established an arm of government in contravention of the Constitution, the government is now established in a manner other than as provided by the Constitution. The same offends article 3 (2) and is void,” suit papers filed in court read.
Badi, the MP said, is a stranger who was allowed into the Cabinet meeting.
The NMS director general took the oath of secrecy allowing him to attend Cabinet meetings on September 10. State House said the President witnessed the event.
State House spokesperson Kanze Dena said Badi would henceforth attend all meetings of Cabinet and its committees, pursuant to Executive Order No. 3 of 2020.
But Wahome says in bypassing Parliament, Badi was insulated from oversight into his conduct as provided for by the law. This, she said, is illegal.
Uhuru appointed the NMS boss on March 18 to transform the city and dismantle corruption cartels that have held Nairobi to ransom for years.
He began work nearly a month after Nairobi Governor Mike Sonko handed over four key functions to the National Government.
The transferred functions are county health services, transport, public works, utilities and ancillary services and county government planning and development.
Since taking office, Badi has been holding weekly meetings with his team and receiving updates on achievements based on the presidential directives.
(edited by o. owino)