This archive report was first published on 20 June 2020.
On June 20, 2020, the Law Society of Kenya (LSK) filed a lawsuit against President Uhuru Kenyatta in the High Court, challenging an executive order that would see the Judiciary, commissions, and independent offices come under ministries and government departments.
The LSK argues that the president's order is unconstitutional, as it seeks to assign functions to other arms and independent commissions, violating the principles of the doctrine of separation of powers, democracy, and independence of constitutional offices.
According to the LSK's petition, the Attorney General and the Head of Public Service, Joseph Kinyua, have been named as respondents in the case.
The institutions that are likely to be affected by the president's order include the National Police Service, Parliamentary Service Commission, Teachers Service Commission, National Land Commission, the Judiciary, Public Service Commission, the Office of the Director of Public Prosecution, and the Office of the Controller of Budget, among others.
As the LSK seeks to stop the executive from implementing the president's order, it has emphasized that the independence of the Judiciary, commissions, and independent offices must be preserved.
