Busia Senator Okiya Omtatah has said President William Ruto's nomination of four opposition leaders in his broad-based cabinet is unconstitutional.
According to Omtatah, under a multi-party democracy, an individual MP or a party can't cross the floor after an election.
He further said that setting up a broad-based government violates Article Three Clause Two of the Constitution.
"It says that any government set up or established contrary to the constitution is null and void. The President decided to establish the government contrary to the principle," he said on Wednesday during an interview with journalists.
Omatah said that he does not agree with the proposed cabinet by the President.
He added that Parliament should reject the President's list of CS nominees and demand that he stick to his coalition side.
"The Cabinet the President has proposed to establish is unconstitutional," he added.
He called on Kenyans to voice their opinion and called on the government to follow the constitution.
"The Cabinet the President seeks to establish is unconstitutional, even in terms of merit," Omtatah said.
Ruto has so far nominated 2o individuals to head respective dockets in his government.
The Head of State has, however, not given names for nominees to the office of the Attorney General and the Cabinet Secretary for the Ministry of East African Community, Arid and Semi-Arid Lands (ASALs), and Regional Development.
The President nominated Kipchumba Murkomen for the Ministry of Youths and Sports, Rebecca Miano for the Ministry of Tourism, Justin Muturi for the Ministry of Public Service, Salim Mvurya to head the Ministry of Trade and Alfred Mutua for the Ministry of Labour.
Ruto further nominated members allied with Opposition leader Raila Odinga to the cabinet.
He named Hassan Joho for the Ministry of Mining, Blue Economy, Wycliffe Oparanya for Cooperatives and MSME Development, John Mbadi for the Ministry of National Treasury and Opiyo Wandayi has been nominated to head the Ministry of Energy and Petroleum.
The move has been received with mixed reactions from leaders and Kenyans alike.
Some have celebrated the CS nominees while others expressed their dissatisfaction.
In a statement on X, Narc Kenya party leader Martha Karua reacted by saying the struggle continues.
"Let every person stand by the courage of their convictions #AlutaContinua," Karua said in a statement.
In a statement on X, lawyer Donald Kipkorir expressed frustration with some members of the opposition joining the cabinet.
He said that it is up to Kenyans to do the oversight job by holding the government to account.
"Now that ODM has joined the government, together with UDA (Kenya Kwanza), they now own the success or failure of Kenya Project! It is now left to Gen Z, Kalonzo Musyoka, the Media (thee yonder, the 4th Estate) and the High Court (Constitutional and Judicial Review Divisions) to be the loyal opposition to hold the government to account," he said.