Friday June 5, 2020 – The frosty relationship between President Uhuru Kenyatta and Chief Justice David Maraga could nosedive once again.
This is after Maraga rejected Uhuru’s decision to impose his will on the Judiciary after he published an Executive Order on Wednesday that restructured and assigned functions to Government Ministries and Departments, as well as the Judicial Service Commission.
In a statement yesterday, Maraga faulted Uhuru’s order, saying that the Judiciary, JSC, Constitutional Commissions and Independent Offices draw their mandate directly from the Constitution and therefore do not require to be policed around and given Executive’s direction.
“I want to believe that this was an inadvertent error and the Office of the President will promptly issue a correction,” Maraga stated.
He noted that the Constitution directly creates the JSC and assigns it functions and powers in line with Article 171-173.
“An Executive Order cannot restructure or assign functions to the Judiciary or the Chief Justice.”
“The Judiciary is neither a ministry nor a government department which can be organized by the Executive Order,” he stated.
The Kenyan DAILY POST