Omtatah says Ruto nomination of opposition leaders to Cabinet unconstitutional

Busia Senator Okiya Omtatah has criticised President William Ruto for including four opposition-allied leaders in his list of new Cabinet nominees, as part of his broad-based government approach seeking to steer the country forward in the aftermath of protests.

His sentiments come after President Ruto on Wednesday recommended ODM Chair and Nominated MP John Mbadi to lead the Treasury ministry, and Ugunja MP Opiyo Wandayi to oversee the Energy docket as part of his new Cabinet.

The Head of State similarly nominated former Mombasa Governor Ali Hassan Joho to lead the Ministry of Mining and Blue Economy, and former Kakamega Governor Wycliffe Oparanya to head the Ministry of Cooperatives and MSMEs Development.

Addressing journalists later on Wednesday, Omtatah expressed sadness at the move, describing President Ruto's action as abandoning the Constitution he swore to protect upon assuming office.

"I am saddened by what has happened, especially the inclusion of Members of Parliament from the opposition party and leaders from an opposition party in that list," said Omtatah.

"That to me states that the President has decided that he will govern this country without the Constitution that he swore to uphold, defend and promote when he was sworn into office."

Referring to Article 129 of the Constitution, Omtatah further underscored his belief that Ruto's actions do not align with Kenya's constitutional principles of governance.

"I would like to refer to Article 129 (1) of the Constitution, [it] states categorically that the Executive authority derives from the people of Kenya and shall be exercised in accordance with this Constitution. In Clause 2, the article says Executive authority shall be exercised in a manner compatible with the principle of service to the people of Kenya and for their well being and benefit," he said.

Furthermore, the lawmaker opined that if MP Wandayi is confirmed for the ministerial position by Parliament, it will initiate a by-election in his constituency, a chain reaction he says is undesirable given Kenya's current economic challenges.

"I am saddened that the President's move because it is totally insensitive to the economic times we are living in because it automatically occasions by-election which [is] totally unnecessary and doesn't amount to prudent use of public resources," said Omtatah.  

The Busia Senator likewise stated that President Ruto did not follow procedures governing Kenya's multiparty democratic system when he made the announcement.

"When Ruto came into office he began by buying off political party members to entice them across the divide irrespective of agreements in place, and that [by] voting Kenyans expressed themselves categorically that they were electing these people to be on the side of those parties based on the manifestos those parties had sold to them," he said.

"Under this principle of Kenya being a multiparty democracy, it is not possible for an individual MP or political party to just cross the floor after an election. The provision also does not give the President the power to set up a broad-based government."

By setting up a broad-based government, Omtatah went on, Ruto is infringing on Article 3(2) of the Constitution which says that any government established contrary to the law is null and void.

"The time has come for Kenyans not to sit on the fence anymore but to rise up and demand that the Constitution must be respected and honoured. The Cabinet the President seeks to establish is unconstitutional, even in terms of merit," said Omtatah.