Musalia Mudavadi who had been nominated for the position of Prime Cabinet Secretary by President William Ruto is facing fresh roadblocks to his ascension to the position. This comes after The Kenya National Civil Society Centre (KNCSC) challenged the legality of the post, terming it unconstitutional.

The former Vice President is slated to appear before the committee on 17th October as the  first nominee to face the panel followed by Justin Muturi (nominated for the Attorney General position) and Aden Duale (Defence CS post).

The organization, through its Executive Director Suba Churchill in a letter dated 16th October, called upon the Committee on Appointment of the National Assembly not to vet the former Vice President for the position, arguing that the position does not exist in the Constitution. 

He further urged the president to adhere to the constitution and take it as a roadmap as he assembles the cabinet.

“KNCSC calls on the Committee on Appointment of the National Assembly not to legitimize the unconstitutional, illegal and unprocedural process through which the Executive has sought to establish the position of Prime Cabinet Secretary as a State office or office in the public service by proceeding to vet the nominee Musalia Mudavadi.”Read part of the letter.

“KNCSC calls on the Committee on Appointment to demand that the right procedures are followed as laid out in the Constitution and the Public Service Commission Act in the establishment of the position of Prime Cabinet Secretary, and ensure that its creation aligns with the principles of ‘efficient, effective and economic use of resources,'” read the statement in part.

In addition, KNCSC claimed that the creation of the seat pushed the Cabinet composition above the 22-member threshold set by the Constitution.

“The creation of the position of the Prime Cabinet Secretary therefore, bloats the Cabinet beyond the limit of 22 substantive members, including the President, the Deputy President and the Attorney General, and is that extent unconstitutional, illegal and unprocedural.

“Besides, the position cannot be justified based on Article 152(5) of the Constitution. This clause only permits the President to re-assign a Cabinet Secretary, and not to create a completely new position in the public service that is alien to the Constitution and the law,” argued the organisation.