This archive report was first published on 20 June 2020.
On May 11, 2020, President Uhuru Kenyatta issued an Executive Order that sparked controversy and raised concerns about the independence of the Judiciary and other constitutional offices. The Law Society of Kenya (LSK) has now filed a case challenging the legality of this order.
The LSK, through lawyers Manwa Hosea and Arnold Ochieng, argues that the Executive Order is unconstitutional and offends the principles of the constitution, the doctrine of separation of powers, democracy, and the independence of constitutional offices.
The order, titled 'The Organisation of Government,' allegedly seeks to place the Judiciary, commissions, and independent offices under the control and direction of various ministries and government departments.
The LSK claims that this move can impair the independence of the Judiciary, commissions, and independent offices, and has termed the case a public interest matter. The lawyers' lobby wants the High Court to urgently intervene by suspending the implementation of the Executive Order.
Justice James Makau has certified the matter as urgent and ordered that the case be mentioned on June 30 for further directions.
