Former Nairobi gubernatorial candidate Miguna Miguna has attacked Chief Justice David Maraga after he said George Magoha doesn't need to go through vetting to become a Cabinet Secretary.

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Magoha, the Kenya National Examination Council (KNEC) chairman, was on Friday nominated by President Uhuru Kenyatta to become the next Education CS after Amina Mohamed was transferred to the Sports, Culture and Heritage docket.

"Upon appointment of Prof Magoha, the only hurdle remaining before he occupies the coveted seat is vetting by parliament’s education committee. Many Kenyans are of the opinion that Prof Magoha doesn't need Parliament to be cleared. I also support that," Maraga said as quoted by a local daily.

The CJ made the remarks on Saturday while preaching during a Seventh Day Adventist church service at the Egerton University main campus, Nakuru.

The sentiments, however, did not go well with Miguna who accused the leader of Kenya's apex court of encouraging violation of the supreme law.

"Vetting of nominated cabinet secretaries is a constitutional requirement. As the Chief Justice of Kenya David Maraga must never subvert, contradict or make utterances that might encourage the violation of the Constitution," he tweeted on Sunday.

The exiled lawyer observed that even if the CJ was entitled to give his personal opinion just like any citizen, it was not right to offer a misleading statement.

"It is not permissible for any CJ to contradict the Constitution. His duty is to enforce and uphold the Constitution, period. He has no luxury of giving "personal" opinions that CONTRADICT the Constitution," the Nairobi politician reiterated.

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