The court has halted President Uhuru Kenyatta’s order to independent state agencies to be headed by the Attorney General and cabinet secretaries.
This is following a move by the Law Society of Kenya challenging the order which the body says will compromise the independence of the state agencies.
20 state agencies were targeted by the executive order placing them under the direction, control and coordination of the AG and relevant CS’.
Justice Winfred Okwany further directed the Attorney General to file his responses within 14 days.
According to LSK, the directive is unlawful in that it will disrupt constitutional independence of bodies, offices, and public interest.
The directive purports to subject the independent institutions to be under the authority of the AG who is not a cabinet secretary and is an attempt to amend the constitution.
“The executive order by itself is unconstitutional and void of inconsistency as well as contravention of the law which renders this case necessary so as to protect the constitution,” LSK says.
Some of the institutions affected by the executive order include the Judicial Service Commission and Kenya National Human Rights Commission, Teachers Service Commission and the National Land Commission among others.
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