This archive report was first published on 5 June 2020.
On June 3, 2020, President Uhuru Kenyatta issued an Executive Order that has sparked controversy in Kenya. The Law Society of Kenya (LSK) has dismissed the order as unconstitutional and vowed to challenge it in court.
LSK President Nelson Havi wrote to Attorney General Kihara Kariuki, questioning the inclusion of the Judiciary, commissions, and other independent offices under the Executive. Havi stated, “Executive Order No 1 of 2020 is unconstitutional in so far as it purports to place the Judiciary, commissions and other independent offices under the Executive. Unless the Executive Order is rescinded within 7 days the LSK will challenge it in Court.”
Havi also accused the office of the Attorney General and the Director of Public Prosecutions (ODPP) of going against the law to advance the Executive’s agenda. He claimed that the AG and the ODPP have acted on the direction of the President, and that there is laxity in prosecuting government officials and individuals considered to be sacred cows of the Executive.
Chief Justice David Maraga had previously protested the Executive Order, stating that it undermines the principle of separation of power. However, Attorney General Kihara Kariuki defended the President’s action, saying that the Executive Order was issued within the law and does not intend to undermine any independent arm of the Government.
Speculation has surrounded the Executive Order, with some comments suggesting that the Deputy President had been stripped of his powers after the title Presidency was changed to Executive Office of President. Makueni Senator Mutula Kilonzo, a lawyer, stated that the President’s order falls squarely within the confines of the law.
President Uhuru Kenyatta’s chief of staff, Nzioka Waita, said that the Executive Order on The Organisation of Government is primarily an administrative tool that provides clarity to the Public Service on the designation of functions and placement of entities within the government.
