The Executive Order No. 1 of 2020, dated January 14, 2020, placing the country’s judiciary under the control of Kenya’s executive branch, led by President Uhuru Kenyatta, has been declared unlawful by High Court Judge James Aaron Makau.
The Law Society of Kenya moved to court to challenge the reorganisation that also affected state departments and ministries.
In court documents, LSK argued that Executive Order titled ‘The Organization of Government’ could jeopardize the independence of the Judiciary, commissions and independent offices.
In a ruling delivered on Thursday, May 10, Justice James Makau agreed with the petitioners and declared the Executive Order unconstitutional, null and void.
” 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.” the ruling reads.
President Kenyatta signed the executive order on May 11, 2020, moving the Judiciary, Judicial Service Commission, and 39 other ministries, commissions, and independent offices under the Attorney-General and various cabinet secretaries.
The Law Society of Kenya (LSK) then filed a lawsuit, claiming that the directive was unlawful and infringed on the independence of the commissions.
“The executive order is unconstitutional because the Executive arm of government cannot restructure or assign functions to its co-equal and independent commissions,” the court documents read.
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