The High Court has suspended President Uhuru Kenyatta ’s Executive Order that placed constitutional commissions and independent bodies under control of the Attorney-General and Cabinet secretaries.
While making the ruling Justice James Makau said it was apparent that the President invoked his powers wrongfully and used administrative process to restructure and re-organise independent constitutional offices.
He found that the petition, Law Society of Kenya (LSK) demonstrated beyond doubts that public interest will be prejudiced if interim order is implemented even before the petition is heard and determined. LSK is challenging legality of the President Kenyatta’s order arguing that having that order in place would not restructure but impair the judiciary, commissions and independent offices.
LSK was represented by lawyers Manwa Hosea and Arnold Ochieng wo convinced Justice Makau to squash the President’s order. The judge directed that the order
should not be implemented in regards to the Public Service Commission, Teachers Service Commission, National Police Service Commission, Parliamentary Service Commission and Judicial Service Commission. The has been a feud between the executive and the judiciary and its always evident whenever appointment of judges is done.