A petition has been filed seeking to stop the appointment of Raila Odinga's key allies John Mbadi, Hassan Joho, Opiyo Wandayi and Wycliffe Oparanya into Cabinet.
In the petition, Julius Ogogoh the Executive Director of Commission for Human Rights says their nomination will have a negative effect as their subsequent appointment will disable the opposition from discharging its oversight role on the operation of the government.
Ogogoh in his petition before the court says the opposition has a constitutional and parliamentary duty to offer checks and balances and in particular to oversight the actions of the government.
“Should any member of the parties forming the Azimio coalition be nominated and successfully appointed into the Cabinet, the opposition in the National Assembly stands to be conflicted,” Ogogoh stated in his petition.
Through advocate Nicholas Kamwendwa, the commission states the four have a constitutional duty to oversight the function of the executive and other arms of the government.
He explains that their nomination and appointment into the Cabinet shall conflict with their constitutional duty bestowed upon the opposition party by Kenyans and the Constitution to oversight the government and to provide checks and balances.
They want the court to suspend the nomination of the four for appointment as Cabinet Secretaries.
Also sought is an order restraining the four from accepting their nomination for appointment as CSs.
They further want the court to issue an order blocking the speaker of the national assembly from receiving any communication and transmitting the names of the four to Parliament for their vetting and consideration for nomination for appointment as cabinet secretaries.
“If successful, there shall be no presence of opposition in the National Assembly. There shall be no checks and balances and the executive and other arms of the government shall not be accountable to the people who delegated trust and obligation to serve,” he adds.
Ogogoh explains that the result shall bring about wastage, non-accountability and lack of accountability as the government shall not be accountable to any of the organs of the National Assembly.
He maintains that their inclusion is insensitive and unnecessary to the economic times the country is undergoing since it will automatically occasion by-elections in their respective places.
On Wednesday Ruto Mbadi, Joho, Wandayi and Oparanya to form part of his new Cabinet.
Their names have since been forwarded to Parliament for vetting.
