Nairobi, September 23

The High Court has declared President Uhuru Kenyatta’s decision to co-opt Nairobi Metropolitan Services Director General Mohammed Badi into the Cabinet as unconstitutional.

In a judgment delivered by Justice Anthony Mrima, the High Court prohibited Badi from attending any Cabinet meetings, Cabinet committee meetings or discharging any duties of the Cabinet.

"A declaration is hereby issued that the decisions to appoint and include Major General Badi into the business of the Cabinet with liberty to attend Cabinet meetings and Cabinet committee meeting contravenes Article 3(2), 10(2), 129, 130, and 152(1) of the Constitution and is illegal and void," Justice Mrima ruled.

The Judge further ruled that there is no provision in the Constitution that accord the President any powers to appoint any one into the Cabinet.

The decision by Justice Mrima comes after Kandara Member of Parliament, Alice Wahome, challenged the President's move and sought an order prohibiting the Major General from attending the Cabinet meetings.

“Major General Badi has been introduced into the Cabinet without following the process outlined in the Constitution,” said Ms Wahome in court documents.

She argued that Badi’s appointment to the Cabinet was not in line with the Constitution.

The lawmaker says by appointing the military general, the President allowed a stranger to sit at the country’s top decision making organ.