The Law Society of Kenya has challenged an Executive Order issued by President Uhuru Kenyatta on May 11 to restructure and reorganise the Judiciary.
In court documents, the LSK, through lawyers Manwa Hosea and Arnold Ochieng, says the Executive Order titled 'The Organization of Government' can impair the independence of the Judiciary, commissions and independent offices.
The effect of the order is that the President has purported to place various tribunals and constitutional commissions and independent bodies under various government departments and ministries and as a result, the same shall be under the control and direction of the respective departments.
LSK wants the court to suspend the implementation of the order in respect of the Judiciary and other independent institutions.
The institutions are the Public Service Commission, the Teachers Service Commission, the National Police Service Commission, Parliamentary Service Commission, the ODPP, the National Land Commission, the Office of the Controller of Budget, among others.
“The Judiciary and other independent commissions cannot be categorised and are not established as ministries or government departments,” LSK says.
Justice James Makau certified the matter as urgent and directed that it be mentioned on June 30 for further directions.
LSK says the order is offending the doctrine of separation of powers and further interfering with the institutional and structural independence of the judicial arm of government and various constitutional independent offices.
“The executive order is unconstitutional because the Executive arm of government cannot restructure or assign functions to its co-equal and independent commissions,” the court documents read.
