Kenya’s High Court has declared President Uhuru Kenyatta’s executive order placing the country’s Judiciary and tribunals into state departments illegal.
In Thursday ruling, James Makau said the Executive Order No. 1 of 2020, dated January 14, 2020, that moved the Judicial Service Commission, the Public Service Commission, the Kenya National Commission of Human Rights, and the Independent Boundaries and Electoral Commission, among the institutions to the executive docket, was unconstitutional.
” A declaration be and is HEREBY issued that the Executive Order Number 1 of 2020, issued on 14″, January, 2020, (Revised) purporting to organize the government and set out Judiciary and Its Tribunals, Commissions and Independent offices as institutions under the functions of ministries and government departments and other constitutional bodies are unconstitutional, null and void and contrary to the Constitution of Kenya, 2010.” Read the ruling.
The President signed the order on May 11, 2020, prompting the Law Society of Kenya (LSK) to file a petition in the court of law.
According to LSK, the order was against the Constitution and undermined the independence of the commissions. LSK President Nelson Havi said it would also harm the commissions’ budgets and finances.