This archive report was first published on 3 August 2020.
On August 3, 2020, the High Court in Kenya issued a conservatory order halting the implementation of President Uhuru Kenyatta's Executive Order, which placed the Judiciary under the Presidency.
Justice James Makau ruled that the order should be stopped until a case filed by the Law Society of Kenya (LSK) is heard and determined.
LSK President Nelson Havi had argued that the Executive Order was unconstitutional and violated the independence of the Judiciary and other independent commissions.
Chief Justice David Maraga also defended the independence of the Judiciary, stating that the manner in which it operates cannot be subject to an Executive Order.
The Executive Order, issued on May 11, 2020, listed the Judiciary and Judicial Service Commission (JSC) among 39 other ministries, state departments, constitutional commissions, and independent offices under the Office of the President.
