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Treasury Cabinet Secretary (CS) John Mbadi has shed light on his unexpected involvement in the National Security Council (NSC), following an incident at State House on Tuesday.
Mbadi was at State House to attend the swearing-in ceremony of the East African Community (EAC) Cabinet Secretary Beatrice Askul and Attorney General Dorcas Oduor.
The new CS has now addressed the confusion surrounding his inclusion in a photo session with members of the NSC on that day.
Mbadi admitted that he was surprised to be called forward for the photograph alongside key security officials, including President William Ruto, Deputy President Rigathi Gachagua, Prime Cabinet Secretary Musalia Mudavadi, and Interior CS Kithure Kindiki.
Missing from the scene were Defence CS Soipan Tuya, Chief of Defence Forces Charles Kahariri, National Intelligence Service (NIS) Director General Noordin Haji, and Inspector General of Police.
The incident raised questions about Mbadi's role and whether he is formally part of the NSC.
Confusion Over Mbadi’s Role
When asked why he was included in the photo and whether he sits in the NSC, Mbadi said, “I’m told there is a provision in law; I need to check that.”
He admitted that he was initially unaware of his role in the NSC and suggested that his inclusion might be due to the need for the National Treasury to have representation, as many decisions made by the council involve financial implications.
Legal Provisions and Co-option in the NSC
Article 240 of the Constitution outlines the official members of the NSC as the President, Deputy President, Cabinet Secretaries for Defence, Foreign Affairs, and Interior, the Attorney General, Chief of Kenya Defence Forces, NIS Director General, and the Inspector General of the National Police Service.
The article does not explicitly provide for the inclusion of the Treasury CS.
Responding to this, Mbadi mentioned that a statute could allow for the co-option of members into the NSC.
“I think the reasoning was that if you sit in the National Security Council, most of the decisions will require funding, and then you need the person in charge of finances to sit,” Mbadi explained.
He acknowledged that this is an area that might need judicial interpretation to determine if it aligns with or contradicts the Constitution.
Awaiting Inaugural Cabinet Meeting
In the same interview, Mbadi revealed that he has not yet attended any NSC or Cabinet meetings since his swearing-in.
“So far, there's no Cabinet meeting we have attended. Cabinet meetings are supposed to be for policy consolidation, so I know there is one coming up soon,” Mbadi stated.
He added that new Cabinet Secretaries are still acclimating to their respective roles and departments.