Nairobi, Kenya.
Operation Linda Jamii a lobby group in Kenya, has taken its concerns to the High Court, challenging the constitutionality of the establishment and appointment of Musalia Mudavadi as the Prime Cabinet Secretary in Kenya. Led by President Fredrick Ogola, the lobby contends that the functions attributed to this new office, outlined in Executive Order No 1 of 2023, disrupt the fundamental structure of the Constitution.
Ogola asserts that the recent Cabinet-level appointments made by the President, including Harriette Chiggai as the President’s Advisor on Women’s Rights and Monica Juma as the President’s National Security Advisor, fall outside the scope of constitutional provisions, rendering them unlawful and unconstitutional.
A key contention put forth by the petitioners is the overall composition of the cabinet, which they argue fails to adhere to constitutional mandates regarding gender balance, representation of persons with disabilities, and youth inclusion.
Ogola emphasizes that the cabinet’s current configuration, with a predominantly male presence including the President and Deputy President, violates the constitutional principle that no more than two-thirds of elective and appointive bodies should be dominated by a single gender.
“The current cabinet makeup disregards the stipulation that at least 5 percent of individuals living with disabilities must be represented, thereby infringing upon the constitution and its principles of affirmative action,” Ogola states.
The petitioner calls on the Court to declare the establishment of the Prime Cabinet Secretary’s office as an amendment to the fundamental structure of the national executive. Such an alteration, they argue, contradicts Articles 10(2), 130(1), 147(1), and 153(2) of the Constitution, thus deeming it unconstitutional, void, and devoid of legal standing.
Adding weight to their argument, the petitioners draw attention to the similarity between the newly created Prime Cabinet Secretary’s role and that of the Deputy President. This, they contend, essentially results in the establishment of a second Deputy President’s office, a move that departs from the legal framework designating the Deputy President as the sole assistant to the President.
As Operation Linda Jamii brings its case before the High Court, the legal landscape in Kenya awaits a decision that could potentially reshape the dynamics of the executive branch and set a precedent for the interpretation of the Constitution’s foundational principles.
