This archive report was first published on 4 June 2020.
On Wednesday, President Uhuru Kenyatta issued an Executive order that has sparked controversy in the Judiciary. The order has been clarified by Attorney General Kariuki Kihara, who stated that it does not intend to restructure the Judiciary.
According to Kihara, the President only assigned Ministries and Government departments responsibility for linkages with identified independent institutions, which does not amount to restructuring. He emphasized that there is no provision in the Executive order with the express or implicit purport of assigning functions to the Judiciary, the Judicial Service Commission, or any other independent institution.
Chief Justice David Maraga had claimed that the order had attempted to restructure and assign functions to the Judiciary. However, Kihara says this claim is false and premised on a misunderstanding of the Executive Order.
The Attorney General further stated that the Executive order is properly and lawfully issued and does not intend to undermine any independent arm of the Government or to cause confusion among members of the public.
He emphasized that the order seeks to provide clarity to ministries and Government on their responsibilities with respect to the necessary linkages with other institutions. Kihara said, “It is the constitutional duty of the President as Head of State and Government to define for Ministries and Government departments their responsibility in fostering policy coordination between all arms of Government.”
