The Executive order No 1 of 2020 dated January 14, 2020 placing the judiciary under the control of the executive arm of the government led by President Uhuru Kenyatta has been declared unlawful by the High Court.
The Judicial Service Commission, Public Service Commission, Independent Electoral and Boundaries Commission and the Kenya National Human Rights Commission are among the institutions that would have been placed under the executive control.
" The 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.”read in part a ruling by Justice James Makau
President Kenyatta signed the executive order on May 11,2020 moving 39 departments, commissions and independent offices under the Attorney General and various Cabinet Secretaries
The Law Society of Kenya moved to the court and filed a lawsuit claiming that the move by the Head of State was unlawful and will jeopardize the independence of the listed institutions.
The AG has however objected the interim ruling arguing that the disputed executive order " enjoys the presumption of validity and constitutionality"
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