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Thursday June 4, 2020 – Chief Justice David Maraga has lambasted President Uhuru Kenyatta after he placed the Judicial Service Commission (JSC) under the State Department.
The Executive Order No. 1 of 2020 entitled “The Organization of Government” was issued by the President on May 11th and it put JSC under the Office of the President.
In a statement after Uhuru’s Executive Order, Maraga faulted the move, in particular that one placing the JSC under the State Department.
The CJ said that the JSC is part of the Judiciary, a Government branch that can’t be assigned functions by the Executive.
Maraga said that Uhuru has no power to restructure or assign functions to the other co- equal and co-substantial arms of Government and independent commissions.
“An Executive Order cannot restructure or assign functions of the judiciary or the Chief Justice,” Maraga said.
Maraga said that the manner in which the Judiciary operates cannot be the subject of an Executive Order.
“The Judiciary is neither a Ministry nor a Government which can be organised by an Executive Order made,” he said.
The Kenyan DAILY POST