Why Uhuru's new cabinet could be disbanded
The cabinet was sworn-in last week.
The lobby group through its lawyer Waikwa Wanyoike has argued that the right composition ought to have either (male or female) gender being 66.7 percent.
“To the extent that the Cabinet fails the test of legality under Article 27(8) then as established is in violation of the Article and hence any action, decision, policy or directive made by the Cabinet as a body or the individual Cabinet Secretaries are a nullity in law,” lawyer Waikwa Wanyoike, for CREAW said in court papers filed Thursday.
The same High Court had earlier faulted President Uhuru, accusing him of having failed to pay attention to the two-third gender rule in his new cabinet appointment. CREAW has taken issue with the current team, which was sworn-in last week.
No soft spot
But last year, High Court judge Joseph Onguto in his declaration on the legality of the cabinet, said that the constitution has to be followed to the letter regardless whether it is appointive or elective positions in Government.
The judge said that the law of the land does not have a softer spot for the President and the parliament and thus they too ought to ensure that their actions were beyond any doubt.
“A declaration is hereby issued that the President has acted in contravention of the Constitution in nominating, appointing and maintaining a Cabinet that does not meet the two third gender requirement," ruled Justice Onguto.
He added: “The national Assembly acted in violation of the constitution by approving the nominees when it was clear that it would effectively result in violation of the rule of law."
It is worth noting that the High Court failed to disband the then cabinet secretary as it was only few months to the general elections and the government activities, it argued, would have been paralysed.
Uhuru’s current cabinet has only six women, translating to 26 per cent.
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