The Law Society of Kenya has a bone to pick with President Uhuru Kenyatta. The law society headed by Nelson Havi has taken the president to court over his recent executive order that sought to place the Judiciary, commissions as well as independent offices under ministries and government departments.
In a report carried by the Daily Nation, the LSK’s lawyers Manwa Hosea and Arnold Ochieng noted that the executive order was unconstitutional.
The lawyers added that the executive which the president is part of cannot assign functions to other arms and independent commissions, with the lawyers claiming that the order went against the principles of the doctrine of separation of powers, democracy and independence of constitutional offices.
“Where the law exhaustively provides for the jurisdiction of a body or an authority, it must operate within the limits of the law and ought not to expand its jurisdiction through administrative crafts or innovation,” LSK stated.
In the papers, the LSK wants the High Court to suspend the implementation of the executive order and added that the order impaired the independence of the Judiciary, commissions and independent offices.
The Attorney General and the Head of Public Service Joseph Kinyua have been listed as the respondents in the case.
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