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A human rights activist has moved to court to challenge the nomination of Kericho Senator Charles Keter and Malindi MP Dan Kazungu to Cabinet.
Patrick Njuguna, who filed a suit at the registry, claims that the nomination of the two to serve as Cabinet secretaries by President Uhuru Kenyatta was against the Constitution, since the two are currently holding public office.
Mr Keter was nominated as CS for Energy and Kazungu for Mining in November.
Mr Njuguna is seeking temporary orders restraining the Speaker of the National Assembly and the Parliamentary Committee on Appointments from vetting and carrying out an approval of the two for their nominated positions, pending the hearing of the petition.
"Article 152(3) of the Constitution prohibits the appointment of MPs from appointment as Cabinet secretaries," Njuguna said in court documents.
"The action of the President is a deliberate insult to the doctrines of separation of powers as per the Constitution," added Njuguna.
He added that the action undermines and degrades the institution of Parliament.
Njuguna said the nominees would occasion two by-elections as per the Elections Act. The petitioner added that the by-elections would cost the taxpayers over Sh1 billion as estimated by the Independent Electorate and Boundaries Commission, resulting in misuse of public funds.
He claimed that the two nominees have already been invited for vetting and there is a high likelihood that they will be approved.
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