Lawyer Nelson Havi has said that President William Ruto violated the Constitution of Kenya by moving Cabinet Secretary (CS) Aden Duale from the Ministry of Environment, Climate Change, and Forestry to the Ministry of Health.
Havi, while responding to Kakamega Senator Boni Khalwale’s reaction to Duale’s remarks explaining why he was fit for the health docket, urged the lawmaker to remind the head of state to read Article 73 (2) of the Constitution.
In a statement that was shared via his official X account on Wednesday, April 2, 2025, Havi questioned how someone can be competent and suitable in a field he/she has not trained in.
He further argued that the country was exposing itself to unnecessary mediocrity by allowing the president to violate the Constitution by appointing people to the fields they have not specialized in.
“Daktari My uncle, tell our friend President William Ruto to read Article 73(2) of the Constitution. How can one be competent and suitable in a field he/she has not trained in? We are exposing ourselves to unnecessary mediocrity by allowing the president to violate the Constitution,” Havi reacted to Khalwale’s statement in which he had expressed his disappointment in Duale’s justification of him being at the helm of the country’s health docket.
Duale on his appointment
Duale had dismissed his critics, who have been saying that he was not competent enough to lead the Ministry of Health.
“Was Susan Nakhumicha a doctor? For the last 20 years, only two doctors served in the top leadership of this ministry. Prof. Anyang’ Nyong’o was the minister of medical services, Beth Mugo was a minister for health services, and my friend Mutahi Kagwe was a minister; they were all politicians. So those who are there have other agendas, and I have a business to do here, and I will not do it alone. I will do it with men and women who work here; I will do it with the Cabinet, with the president’s advice, and with the parliament, which was my home for 16 years. So tell them that the minister for infrastructure is not an engineer, so those are very pedestrian arguments,” Duale dismissed his critics while officially taking over as the health CS on Tuesday, April 1, 2025.
Havi backs KMPDU protest
Havi had earlier on backed the Kenya Medical Practitioners and Dentists Union (KMPDU) for protesting against the appointment of Duale as the new CS in charge of the Ministry of Health.
Havi, in a statement shared via his official X account on March 31, 2025, argued that it was wrong to have what he termed as quacks in charge of professional assignments when Kenya has many qualified professionals in those fields.
The former Law Society of Kenya (LSK) president went ahead to state that the country should reject what he viewed as deceit in all the 22 ministries.
“KMPDU is right in protesting the appointment of Aden Duale as Health CS. Why should we have quacks in charge of professional assignments when Kenya has many qualified professionals in those fields? It is high time we said NO to this subterfuge in all 22 ministries,” Havi stated.
KMPDU on Duale’s appointment
KMPDU had signaled a potentially strained working relationship with Duale, citing his lack of understanding of medical professionals’ work.
KMPDU Secretary General Devji Atellah, while speaking in Kirinyaga County on Saturday, March 29, 2025, during the union’s Annual General Meeting (AGM), recalled past difficulties in dealing with non-medical professionals in leadership, including former Health CS Susan Nakhumicha.
According to Attellah, Nakhumicha, who recently landed a diplomatic role in President William Ruto’s government, struggled to grasp critical aspects of healthcare, such as the role of doctors and interns.
This, KMPDU noted, led to ineffective policies.
He further warned that Duale, as a career politician, must avoid turning healthcare matters into political debates if he wants to succeed at the ministry and that he should go and learn if he does not understand the role of interns.
“The new CS must understand the role of interns. If he doesn’t, he should go and learn,” Atellah emphasised.