Orange Democratic Movement party leader Hon. Raila Odinga and President William Ruto have faced a significant setback in their efforts to form a broad-based government.
This follows the emergence of reports that twelve activists from the Kenya Bora Tuitakayo Citizens Association have filed a petition challenging the nominations of Kithure Kindiki, Opiyo Wandayi, and Aden Duale for key Cabinet Secretary (CS) positions.
A photo collage of Cabinet Secretary nominees
The activists, led by Cyprian Nyamwamu, argue that the appointments violate the Kenyan Constitution. According to Articles 73 and 75, dismissed public officials are barred from reappointment. They assert that the President’s choices disregard these legal requirements.
One of their main concerns is Opiyo Wandayi, who is proposed as CS for Energy. The activists claim that his appointment could lead to a costly by-election in Ugunja Constituency, where he previously served. Nyamwamu argues, “Appointing Wandayi could waste public resources on an unnecessary by-election, repeating past financial mistakes.”
The petition also questions Kithure Kindiki’s potential reappointment as Interior CS. The activists allege that Kindiki’s appointment could hinder investigations into alleged human rights abuses during recent anti-government protests.
Interior CS Kithure Kindiki gestures during a past media presser
Reports from the Kenya National Commission on Human Rights indicate that 60 people died and 66 went missing during the unrest.
Additionally, the activists criticize Aden Duale for his previous approval of military involvement in civilian protests. They argue that this action was unconstitutional and misused the military’s role.
This legal challenge casts a shadow over Odinga and Ruto’s efforts to build a broad-based coalition, introducing uncertainty into their plans for a more inclusive government.
Energy CS nominee Opiyo Wandayi
On June 25, 2024, the President purported to deploy the military or the Kenya Defense Forces to assist the police as the youth of Kenya occupied the Parliament that had been whipped at the State House to Pass the ill-fated Finance Bill 2024.
The 12 activists also observed that under his leadership Mr. Duale allowed the military to join the police to curb demonstrators, a move that was “unconstitutional and unjustified seeing that the situation did not warrant such deployment.”
