Kandara MP Alice Wahome has defended her move to petition removal of Director General of the Nairobi Metropolitan Services Mohammed Badi from the Cabinet.
Wahome says the Constitution does not allow an extra person to sit in the Cabinet apart from the members stipulated in Article Number 152 that states the composition of the Cabinet.
She faulted Attorney General (AG) Paul Kihara for not appropriately advising the President on his decision to pick major general Badi to become a member of the Cabinet.
On Wednesday, the MP said she filed her petition in High court under a certificate of urgency and she was awaiting the court to state the date when her petition would be heard.
Speaking at Nyakahura village of Murang’a after visiting a bereaved family, the Kandara MP said Badi was not presented to the National Assembly for vetting as required by the law. “Any Cabinet Secretary appointed by the President must be vetted and approved by the National Assembly and Badi was not approved by the legislators,” Wahome added.
“I confirm that I have filed a petition in the High Court in Nairobi seeking to quash the President’s Executive Order No. 3 which directs inclusion of General Badi in the Cabinet. Badi is a military officer and he has no mandate to sit in a civilian government,” she added.
“The President has the authority to make executive orders but the orders should not go contrary to the provisions of the Constitution of Kenya. The appointment of Badi under an executive order to sit in the Cabinet is not supported by the Constitution.” She added.
Wahome said composition of the Cabinet as per the Constitution includes the President, the Deputy President, and Cabinet Secretaries who are not less than 14 or more than 22 in number.
“I strongly feel the AG failed to give relevant and correct advice to the President before issuing an executive order. Any order must be within the Constitution,” she added.
Meanwhile the MP called for an overhaul of Kenya Medical Supplies Authority (KEMSA) saying the body has failed Kenyans by not ensuring devolved units get cheap medical supplies.
KEMSA, Wahome observed, should be restructured or be done away with considering numerous scandals associated with the authority.
“KEMSA for many years has been rocked by massive corruption. Even they have been selling drugs among other medical supplies to counties at inflated prices,” she claimed.
By Bernard Munyao
