Kandara MP Alice Wahome has sued the state over recent attendance of cabinet meeting by Nairobi Metropolitan Services boss Major General Mohammed Badi.
In her petition, the MP says the invite extended to Major General Badi is unconstitutional.
As a result, she wants him to be barred from attending any further cabinet meetings.
According to her, the state bypassed the constitution in inviting the general to the cabinet meeting.
Badi was allowed to attend Cabinet meetings after taking an oath of secrecy last week at State House.
In a statement, State House said the President witnessed the taking and subscription to the Oath of Secrecy, a requirement of all persons who attend Cabinet Meetings or participate in the conduct of Cabinet Business.
State House spokesperson Kanze Dena said the Director-General shall henceforth attend all meetings of Cabinet and its Committees, pursuant to Executive Order No. 3 of 2020.
The ceremony conducted by the Head of the Public Service was a precursor to the Cabinet Meeting held at State House, Nairobi on Thursday.
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.
NMS was put into office on March 18, 2020 by the President nearly a month after Nairobi Governor Mike Sonko handed over four key functions to the National Government.
The transferred functions are county health services, transport, public works, utilities and ancillary services and county government planning and development.
For the past 100 days, Director-General has been hosting weekly meetings with his team and receiving updates on achievements based on the Presidential directives.