Fresh hurdle for Kindiki, Duale, and Wandayi in their nomination as CSs

A non-governmental organisation has filed a petition at the high court seeking orders to stop the nomination of Prof. Kithure Kindiki, Adan Duale, and Opiyo Wandayi as cabinet secretaries. 

President William Ruto nominated the trio as CSs for Interior, Environment, and Energy, respectively.

Thirteen activists under the Kenya Bora Tuitakayo Citizens Association, led by public administration and policy expert Cyprian Nyamwamu, Khelef Khalifa, and former Nairobi Education Executive Muthoni Ouko, urged the high court to annul their nominations. 

They also sued President William Ruto, his deputy, Ringathi Gachangua, the Independent Electoral and Boundaries Commission (IEBC) Parliament, and the three nominees, among others.

Ruto was accused of violating the constitution by nominating the three. Kindiki and Duale served as Interior and Defence CSs, respectively, before Ruto dissolved his cabinet on July 11 at the height of the anti-Finance Bill protests. 

The President proposed retaining them in his new cabinet, with Duale transferred to the Environment docket. Wandayi, who currently serves as Ugunja's Member of Parliament, resigned from his role as the leader of the minority at the National Assembly to take up the cabinet post.

Petitioners argue that although the Ministry of Interior's main objective is to safeguard respect for the sanctity of human life, over 60 people were killed under the watch of Prof. Kindiki before his dismissal last month.

Environment and Forestry CS nominee Aden Duale during his vetting by the National Assembly's Committee on Appointment on Friday, August 2, 2024. (Photo: Handout)

"Declaration be issued to declare that (Ruto) has no power to nominate and appoint a person suspected of committing gross human rights violations as cabinet secretary for Interior and National Administration or for any other cabinet position," they state in one of their prayers.

The activists also opposed Duale's appointment, accusing him of overseeing the deployment of the Kenya Defence Forces to support the police in suppressing protesters during the anti-Finance Bill protests. 

"So far, the Kenyan people do not know the damage the "political" deployment of KDF may have caused to the good reputation and standing of the KDF personnel in the eyes of Kenyans, especially because there have been reports to the effect that KDF personnel were involved in harassing Kenyans in certain parts of Nairobi and Githurai," states the suit papers.

They argued that the deployment of KDF undermines Duale's ability to effectively advise the president on governance and policy matters, thereby irreparably compromising his political career and credentials.

In Wandayi's case, the petitioners say his nomination was done in flagrant violation of Article 10 of the constitution in that there was no public participation from the Ugunja constituents who had elected him as their representative in NA.

Wandayi, if confirmed as CS, will resign from his role as MP, paving the way for Speaker Wetangula to declare his seat vacant and order a by-election to replace him.

Petitioners further urged the high court to declare that Speaker Wetangula violated the constitution by allowing the National Assembly to vet the CSs. 

Wetangula was accused of aiding and abetting Ruto's violation of the constitution by facilitating and enabling the nomination of Prof. Kindiki, Duale, and Wandayi as cabinet secretaries. 

The National Assembly Committee on Appointments, led by Speaker Moses Wetangula, vetted the trio among the other 21 CS nominees last week.

Interior Cabinet Secretary Nominee, Prof. Kithure Kindiki before the Committee on Appointment at the County Hall, Mini-Chamber on August 1, 2028. (Photo: Kithure Kindiki)