The high court has dismissed a petition challenging President William Ruto’s decision to invite his advisers to cabinet meetings,ruling that their occasional participation does not violate the constitution.

Justice Lawrence Mugambi said the law does not bar the President or the Cabinet from seeking expert counsel before making policy decisions.

“The Cabinet should retain the power to make such discretionary invitations… Neither the Constitution nor any law that I am aware of expressly bars the Cabinet or the President from seeking counsel for purposes of having the Cabinet benefit from experts before making policy decisions on a matter before it,” Justice Mugambi stated in his judgment.

The case, filed in 2023 by Walter Dzuya, had argued that the attendance of Chief Economic Advisor David Ndii, National Security Advisor Monica Juma, Women’s Rights Advisor Harriette Chiggai, and UDA Secretary-General Cleophas Malala at the time violated Article 152, which defines Cabinet membership.

The judge clarified that while permanent inclusion of non-members would be unconstitutional, occasional invitations are within the President’s discretion.

Justice Mugambi found no evidence proving the advisers attended Cabinet meetings regularly, noting that unlike the case of former Nairobi Metropolitan Services boss Mohammed Badi,whose attendance was officially recorded,there was no formal documentation here.

He dismissed the petition and ordered that no costs be awarded.