Kenyan Lobby Group Wants Court to Scrap Prime Cabinet Secretary’s Office

A lobby group has taken legal action against the appointment of Musalia Mudavadi as the Prime Cabinet Secretary, arguing that the creation of such a position goes against the country’s constitution. 

The group, called Operation Linda Jamii, claims that Executive Order No 1 of 2023, which outlines the role of the Prime Cabinet Secretary, changes the fundamental structure of the constitution. The group also challenges the appointment of Harriette Chiggai as the President’s Women’s Rights Adviser and Monica Juma as the President’s National Security Adviser, arguing that these positions are not recognized by the Constitution. Additionally, the group criticizes the composition of the cabinet for failing to adhere to constitutional requirements for gender balance, representation of persons with disabilities, and youth inclusion. 

“The cabinet as presently constituted does not comprise of at least 5 per cent of persons living with disabilities thus violative of the constitution and principles of affirmative action entrenched in the constitution,” Fredrick Ogola states. 

They argue that the current cabinet does not meet the constitutional gender principle, which stipulates that no more than two-thirds of appointive and elective positions should be occupied by the same gender. Ogola argues that the establishment of the Prime Cabinet Secretary office goes against the constitution and affirmative action principles. He is requesting a declaration from the Court that this establishment is equivalent to modifying the fundamental structure of the national executive, which is unconstitutional and illegal. According to Ogola, the creation of this office is comparable to creating a second Deputy President position which is against the law since the Deputy President is the only assistant to the President.

According to Lawyer Miguna Miguna, the Prime Cabinet Secretary’s position is legally valid. Recently, the vocal lawyer made the assertion in response to a Twitter user’s inquiry about the role. Miguna clarified that the Prime CS post is within the constitutional limit of 22 CSs and that the name “Prime” does not confer any special status.