The High Court has barred Nairobi Metropolitan Services (NMS) Director Major General Mohamed Badi from Cabinet.
In a court ruling issued on Thursday, September 23, 2021, Justice Anthony Mrima overturned President Uhuru Kenyatta’s decision stating that his inclusion in the Cabinet was unconstitutional.
Justice Mrima declared executive order No 3 of 2020 unconstitutional and unlawful. He also barred Badi from attending any cabinet meetings or dispensing any duties of the cabinet.
“There there is no doubt the appointment of Badi into the Cabinet was not approved by the National Assembly. As such it is unclear as to by whom and how Badi will be oversighted. His term of office in the Cabinet also remains an illusion,” Justice Mrima stated.
He further ruled that he didi not find any justification in the decision to appoint Badi to the Cabinet.
In the case, Kandara Member of Parliament Alice Wahome had moved to court challenging the legality of including the NMS director in the Cabinet and its committees.
Badi was tasked with the responsibility of transforming the city and dismantling cartels that have held the city at ransom for years.
Badi shot to the limelight in March 2020 after President Kenyatta appointed him to head NMS which is responsible for improving services in the city, including implementing a new rail transport system in measures aimed at modernizing the city.
He would later become the first sitting military officer to be a cabinet Secretary in September 2020.