Kandara MP Alice Wahome has challenged the validity of Nairobi Metropolitan Service (NMS) Director-General Mohamed Badi's admission to the Cabinet.
In a petition filed in court, MP Wahome claims that the move was contrary to the provisions of Kenya's Constitution.
According to the legislator, one should only become a member of the Cabinet after being appointed by the President as the law directs.
"He has not been appointed to the Cabinet as provided for in the Constitution and thus his appointment is illegal and void," Wahome argues in court papers.
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The Kandra legislator is seeking to have the NMS boss from attending Cabinet meetings by having the secretary of the Cabinet compelled to exclude him.