Today, Paul Kihara Kariuki, the Attorney General, responded to a statement by Chief Justice David Maraga over the Executive order issued by President Uhuru Kenyatta.
In a statement seen by Sonkonews.com, the AG stated that the president’s Order was in no way undermining independent institutions adding that the CJ may have misunderstood the document.
“There is no provision in the Executive Order with the express purport of ‘restructuring’ the Judiciary, the Judicial Service Commission or any other independent constitutional organ or institution, outside the purview of the National Executive.
“Nothing in the order is intended to undermine any independent arms of the government or institutions, or to cause any confusion to members of the public,” the AG noted.
AG Kihara further stated that the president, in the Order, had assigned ministries and government departments responsibility for inter-agency linkages and liaisons with identified independent constitutional organs and institutions, such as the judiciary and the Judicial Service Commission.
“This does not, by any stretch of the imagination, constitute a restructuring of any independent constitutional organ or institution.
“Therefore, the statement by the Chief Justice is premised on a misunderstanding of the Executive Order,” the AG added.
The AG observed that the president had been issuing Executive Orders since 2013 and there had not been any evidence of undermining independent arms of the government, constitutional commissions or independent offices.
“In fact over the said period, there has been clear evidence of robust growth and development in the institutional and functional independence of the various arms of the government, constitutional, commissions and independent offices,”
The Chief Justice had earlier on June 4, stated that the changes issued by the President could not be effected on the Judiciary.
“The order cannot restructure or assign functions to other co-equal and co-substantial arms of government and independent commissions. An executive order cannot restructure or assign functions to the Judiciary or the Chief Justice,” the CJ stated.
