The Law Society of Kenya has threatened to go to court to challenge President Uhuru’s new Executive Order, for going against the constitution by including the Judiciary and other Independent Offices.
In a letter to the Attorney General Kihara Kariuki, LSK President Nelson Havi said the society will file a petition in the next seven days if the Executive Order, No 1 of 2020 has been withdrawn.
Nelson have has accused the President, who is the head of the executive of seeking to have the control of the Judiciary which is against the constitution.
“The Judiciary, Commissions, and independent offices are not to be under the control of the President. The lines between commissions and the Executive continues to be blurred.
It is unconstitutional for the President to purport to organize the government and set out the Judiciary, Commissions and Independent offices as institutions under or functions of ministries government departments and other constitutional bodies. He has no such powers,” Havi said.
Havi accused the office of the Director of Public Prosecutions and that of the Attorney General for constantly advancing the Executive’s agenda which is unconstitutionally inappropriate. Havi retaliated that independent institutions must be respected.
“It is a fact that there are Judges and Magistrates who are reasonably perceived to be pro-Executive and often decide matters in which the Executive is concerned in favor of the Executive. They labor under the erroneous notion that they are under the control of the Executive. This erodes public confidence in the Judiciary,” he said.
President Kenyatta’s Executive order placed 20 constitutional commissions under the direct control of the Attorney General and Cabinet Secretaries.
Havi’s protest after Chief Justice Maraga that protested the same, urging that the Executive Order undermines the autonomy of his office by seeking to control its functions.
“I want to believe that this was an inadvertent error and that the office of the President will promptly issue a correction,” a letter from Maraga stated.
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However, Attorney General defended the president’s action saying that the Executive Order was issued with the law and did not intend to undermine any independent arm of a government institution or cause any confusion to the public.
