CS nominees Opiyo Wandayi (left), Kithure Kindiki (center), and Aden Duale (right). Image file.
In Summary:
- Activists claim the nominations of Kithure Kindiki, Opiyo Wandayi, and Aden Duale violate the constitution.
- The petitions cite past dismissals, human rights abuses, and misuse of public resources as reasons for opposition.
Twelve activists from the Kenya Bora Tuitakayo Citizens Association have taken legal action to prevent the appointment of Kithure Kindiki, Opiyo Wandayi, and Aden Duale to President Ruto’s cabinet, citing gross constitutional violations.
The petitioners argue that the Constitution prohibits dismissed public office holders from being reappointed to public service.
They highlighted that Opiyo Wandayi’s appointment would be a waste of public funds due to the need for a by-election in Ugunja Constituency.
“The constitution is clear that a state or public officer once dismissed cannot be appointed to public office, as per Article 73 and 75 under Chapter 6 of the Constitution,” stated Cyprian Nyamwamu, who led the activists in filing the petitions.
Additionally, they argued that President Ruto has already caused multiple by-elections by appointing Alice Wahome, Duale, and Kipchumba Murkomen in 2022.
They emphasized the importance of prudent resource use as demanded by Article 201, noting that Wandayi’s appointment would necessitate another costly by-election.
The petitioners also expressed concern over Kindiki’s reappointment, citing his involvement in ongoing investigations regarding human rights abuses by security personnel during recent anti-government protests.
They stated, “Other than the people who were brutally killed and maimed by the police, the police went on a kidnapping spree and Kindiki must bear the highest responsibility for all these atrocities.”
According to the Kenya National Commission on Human Rights, 60 people died, and 66 went missing during these protests. The activists argued that Kindiki’s appointment would interfere with the investigations.
They further objected to Wandayi’s nomination as Cabinet Secretary for Energy, arguing that it violated Article 10 due to the lack of public participation from the people of Ugunja, thereby undermining multi-party democracy.
They noted that his appointment would undermine the principle of multi-party democracy given his current role as the minority leader in parliament.
The activists also cited the misuse of public resources as a constitutional consequence of Wandayi’s nomination, referencing Article 201 (d), which mandates the prudent and responsible use of public funds.
On June 25, 2024, the President reportedly deployed the military to assist the police as Kenyan youth occupied the Parliament, protesting against the Finance Bill 2024. The activists criticized Duale for allowing this deployment, calling it “unconstitutional and unjustified.”
“The primary mission of the Army is the defense of the nation against external land-based aggression,” the petition read, underscoring the inappropriateness of the military’s involvement in domestic protests.