KDRTV NEWS: High Court has declared the executive order that was signed by President Uhuru Kenyatta on January 14, 2020, is unlawful.
The Executive Oder No. 1 of 2020 intended to place the judiciary under the control of the executive branch.
According to the executive order, The Judicial Service Commission, the Public Service Commission, the Kenya National Commission of Human Rights the Independent Boundaries, and the Electoral Commission were to be controlled by the executive.
” A 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.” the ruling reads.
KRDTV established that the executive order May 11, 2020, intended to move Judiciary, Judicial Service Commission, and 39 other ministries, commissions, and independent offices under the Attorney-General and various cabinet secretaries.
The Law Society of Kenya (LSK) condemned the order and filed a lawsuit claiming that the president’s directive was illegal and breached the independence of the commission.
The LSK was worried that the independence of the tribunals, commissions, and independence of the offices would be strained and thus asked the court to halt the presidential directive.
The Attorney General rejected the interim ruling asserting that the controversial executive order “enjoys the presumption of the validity and constitutionality”
The court ruling has emerged at a time when the key stakeholders in the Judiciary are condemning President Uhuru Kenyatta for straining the independence of the commission.
President has been under fire after he omitted six judges whose names were forwarded by the Judicial Service Commission for an appointment.