‘It’s unconstitutional’ President executive order opposed

The Law Society of Kenya has come out to strongly oppose President Uhuru Kenyatta’s executive order no 1 of 2020 which placed government ministries and departments under the office of the president.

The new order which altered the structure of government and also placed the office of the deputy president and the Nairobi Metropolitan Services (NMS) under Uhuru raised eyebrows.

LSK in a statement on Thursday, June 4, termed the order as unconstitutional and vowed to challenge it in court if it was not rescinded within seven days.

“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 Unless the executive order is rescinded within seven days the LSK will challenge it in court, as Uhuru has no such powers” part of the statement read.

LSK President Nelson Havi said they would defend the constitution, national values and principles of governance.

“Of great concern to the society is the manner in which previous orders and the current one have dealt with the Judiciary, constitutional commissions and independent offices. The Judiciary is established under the chapter 10 of the constitution,”
“Chapter 15 of the constitution enumerates commissions and independent offices and stipulates they are not subject to direction or control by any person or authority including the president of the republic of Kenya,”the statement added.
The new re-organisation created an oversight and co-ordination in delivery of National priorities and flagship in place of the national development implementation and communication committee that was chaired by Interior CS Fred Matiang’i.

Chief Justice David Maraga had earlier faulted Uhuru for placing the Judiciary under the executive terming it an error.

“The Judiciary and the Judicial Service Commission are established under chapter 10 of the constitution. The order cannot restructure or assign functions to the other co-equal and co-substantial arms of government and independent commissions,” said Maraga.

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