LSK wins first round in suit against Uhuru


Law Society of Kenya (LSK) president Nelson Havi. FILE PHOTO | NMG

The High Court has suspended implementation of President Uhuru Kenyatta’s Executive Order that placed constitutional commissions and independent bodies under control of the Attorney-General and Cabinet secretaries.

Justice James Makau said it was apparently possible the President invoked his powers wrongfully and used administrative process to restructure and re-organise independent constitutional offices.

The judge said the petitioner, the Law Society of Kenya (LSK), had demonstrated that public interest would be prejudiced if the interim order is not granted pending hearing and determination of the petition.

The case is challenging legality of the President Kenyatta’s decision.

“It has been shown that various independent offices, including the Judiciary and some of its tribunals have now been placed under various State departments and ministries,” said Justice Makau.

The Executive Order dated May 11, 2020, affected more than 20 commissions by putting them under respective departments and ministries.

Justice Makau directed that the President’s order should not be implemented in regards to the Public Service Commission, Teachers Service Commission, National Police Service Commission, Parliamentary Service Commission and Judicial Service Commission.