This archive report was first published on 4 June 2020.
On May 11, President Kenyatta issued an Executive Order that recalibrated the government structure, listing the Judiciary and the Judicial Service Commission among 39 other ministries, state departments, constitutional commissions, and independent offices.
However, Chief Justice David Maraga has come out to defend the Judiciary's autonomy, stating that the manner in which the Judiciary operates cannot be subject to an Executive Order made pursuant to Article 132 (3) (b) of the Constitution.
"The Judiciary is neither a ministry nor a government department which can be organized by an Executive Order," Maraga said in a statement.
Maraga noted that the Constitution empowers the President to direct and coordinate government ministries and departments, but such powers are only applicable to the executive arm of government.
He also asserted the autonomy of the Judicial Service Commission, which he chairs, affirming its independence under Article 171 of the Constitution.
Maraga expressed hope that the reference to the Judiciary and the Judicial Service Commission in the Executive Order was made inadvertently and urged President Kenyatta to promptly issue a correction to avoid confusion among members of the public.
