This archive report was first published on 5 June 2020.
June 5, 2020 - Nairobi, Kenya
The Law Society of Kenya (LSK) has threatened to take legal action against President Uhuru Kenyatta's new Executive Order, No 1 of 2020, for allegedly violating the Constitution.
LSK President Nelson Havi wrote to Attorney General Kihara Kariuki, stating that the society will file a petition in seven days unless the Executive Order is withdrawn.
“The Judiciary, Commissions and independent offices are not to be under the control of the President,” Havi said, accusing the Executive of seeking to control the Judiciary.
He further stated that the President has no power to organize the government and set out the Judiciary, Commissions and Independent offices as institutions under or functions of ministries, government departments, and other constitutional bodies.
LSK has previously challenged similar Executive Orders, including one in 2018 that placed 20 constitutional commissions under the direct control of the office of the AG and Cabinet Secretaries.
Chief Justice David Maraga also protested the Executive Order, stating that it undermines the autonomy of his office.
However, the Attorney General has defended the President's action, saying the Executive Order was issued within the law.
