This archive report was first published on 4 August 2020.
On August 4, 2020, the High Court dealt a significant blow to President Uhuru Kenyatta's Executive Order, suspending its implementation and placing constitutional commissions and independent bodies under control of the Attorney-General and Cabinet secretaries.
Law Society of Kenya (LSK) president Nelson Havi had filed a petition challenging the legality of the President's decision, which was made on May 11, 2020.
Justice James Makau ruled that the petitioner had demonstrated that public interest would be prejudiced if the interim order was not granted pending hearing and determination of the petition.
He directed that the President's order should not be implemented in regards to the Public Service Commission, Teachers Service Commission, National Police Service Commission, Parliamentary Service Commission, and Judicial Service Commission.
According to Justice Makau, it was possible that the President had invoked his powers wrongfully and used administrative process to restructure and re-organise independent constitutional offices.
