This archive report was first published on 5 June 2020.
Published on June 5, 2020, President Uhuru 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 expressed concerns about the Order, stating that the President cannot direct and coordinate the judicial organs like other ministries and departments under his powers vested under Article 132 of the Constitution.
Attorney General Paul Kihara has since dismissed the Chief Justice's concerns, stating that the Executive Order was lawfully issued and does not constitute any form of restructuring of the Judiciary or the Judicial Service Commission.
"The Executive Order is properly and lawfully issued by His Excellency the President pursuant to Article 132 (3)(b) of the Constitution," Kihara said. "The statement by the Chief Justice is based on a misunderstanding of the Executive Order."
According to Kihara, the Executive Order seeks to provide clarity to ministries and government departments on their responsibility with respect to inter-agency linkages and liaisons, and does not purport to assign functions to the Judiciary or the Judicial Service Commission.
The Law Society of Kenya (LSK) has threatened to file a challenge in court in 7 days, unless the Executive Order is revised to exclude the Judiciary and all other Independent offices.
