This archive report was first published on 3 August 2020.
High Court Suspends Uhuru's Executive Order on Independent Commissions ¶
On August 3, 2020, the High Court suspended the implementation of President Uhuru Kenyatta's Executive Order that placed constitutional commissions and independent bodies under the control of the Attorney-General and Cabinet Secretaries.
Justice James Makau ruled that the President may have invoked his powers wrongfully and used the administrative process to restructure and re-organise independent constitutional offices.
The judge also stated that public interest would be prejudiced if the interim order were not issued pending hearing and determination of the case.
According to Justice Makau, the Executive Order directly contravened constitutional principles and values on judicial independence, the rule of law, transparency, and accountability.
The court issued orders against the implementation of the President's directive with respect to several commissions, including the Public Service Commission, Teachers Service Commission, and Judicial Service Commission.
The Law Society of Kenya (LSK) had challenged the legality of the President's decision, arguing that it offended the doctrine of separation of powers and interfered with the institutional and structural independence of the judicial arm of government.
Attorney-General Kihara Kariuki and Head of Public Service Joseph Kinyua opposed the petition, saying the Executive Order enjoys the presumption of legality and constitutionality.
