President Uhuru Kenyatta’s Executive Order Suspended

By Getrude Matayo

The High court has temporarily suspended implementation of Executive Order by President Uhuru Kenyatta which placed independent constitutional bodies under the direct control of the Attorney General and Cabinet Secretaries.

The Executive Order dated May 11, 2020, would have seen tribunals and independent offices lose their independence and be subjected to respective departments and ministries unless the court intervenes. Over 20 commissions would have been affected by the order

According to Justice James Makau, it is possible the President has invoked his powers wrongfully and used the administrative process to purport to restructure and re-organize independent constitutional offices.

“It has been shown that various independent offices including the Judiciary and some of its tribunals have now been placed under various state departments and ministries, which amount to direct contravention of the constitution,” James Makau said

Makau said public interest would be greatly compromised should the court decline to grant the interim orders. The case was filed in court by the Law Society of Kenya.

“I find this is a suitable case in which court ought to intervene by exercising its checks and balance against the excesses of the executive which it has purported to use the administrative process to extend its powers,” he added