The High Court has barred Nairobi Metropolitan Services (NMS) director general Mohamed Badi from attending Cabinet meetings.
Justice Anthony Mrima on Thursday also prohibited Badi from discharging any functions of the Cabinet.
The judge further declared illegal the decision as contained in Executive order No. 3 of 2020.
“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,” the judge ruled.
The court also found that there was no justification to include the military officer into the cabinet.
The case was filed by Kandara MP Alice Wahome who challenged the constitutionality of the decision to appoint and include Badi into President Uhuru Kenyatta’s cabinet.
She argued that by allowing the NMS director to sit in on cabinet meetings, the President was allowing a “stranger” in.
“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,” she argued in court papers.
Badi who took office on March 18, 2020, in September of the same year took oath of secrecy to attend cabinet meetings.
During the oath taking ceremony, Badi was tasked with the responsibility of transforming the city and given 100 days to deal with corruption and dismantle cartels that have held the city at ransom for years.
Badi took over four key devolved functions a few months before Mike Sonko was impeached as Nairobi Governor.
The transferred functions are; health services, transport, public works, utilities and ancillary services and county government planning and development.