Through a judgment delivered by Justice Anthony Mrima, Badi was prohibited from attending any Cabinet meetings and or discharging any duties of the Cabinet.
The High Court ruled that President Uhuru Kenyatta’s inclusion of the KDF General was unconstitutional and declared it null and void.
“A declaration is hereby issued that the decisions to appoint and include Major General Badiinto the business of the cabinet with liberty to attend cabinet meetings and Cabinet committee meeting contravenes Article 3(2), 10(2)129,130, and 152(1)of the constitution and is unconstitutional and void,” Mrima has ruled.
In his judgment, Mrima ruled that there is no provision in the constitution that accords President Kenyatta the powers to appoint the NMS boss to the cabinet.
The case was filed by Kandara MP Alice Wahome who sought orders prohibiting the Major General from attending the Cabinet meetings.
â€œMajor General Badi has been introduced into the Cabinet without following the process outlined in the constitution,â€ Wahome noted in her petition.
She successfully argued that by appointing the general, the President allowed a stranger to sit at the countryâ€™s top decision-making organ.
She further stated that the appointment of Badi into the cabinet was not approved by the National Assembly describing his term in office as an illusion.
“To the extent that the 3rd Respondent has been introduced into Cabinet without following the process outlined in the Constitution, the said appointment is unconstitutional and void,” part of her petition read.
Uhuru appointed Badi into the cabinet in September 2020 witnessing him taking the oath of office in an event that was held at the statehouse.
Through a statement that was issued by State House spokesperson Kanze Dena, confirmed that the appointment of Badi to attend all Cabinet meetings and its committees was pursuant to Executive Order Number 3 of 2020.
Initially, Badi was tasked by the president with overseeing functions of some functions of Nairobi county transferred to the national government by the then Governor Mike Mbuvi Sonko in March 2020.
Some of the transferred functions included; county health services, transport, public works, utilities, and ancillary services, and county government planning and development functions.