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Friday June 5, 2020 – Lawyers have pointed out glaring errors in President Uhuru Kenyatta’s Executive Order No. 1 of 2020, arguing that it is unlawful and unconstitutional.

Kenyatta restructured the government on Wednesday, June 3rd, stipulating roles and duties of the Executive and the Judiciary. 

In a letter dated June 4th, the Law Society of Kenya under its President, Nelson Havi, stated that Kenyatta had vividly interfered with the sovereignty of the Judiciary, constitutional commissions and independent offices. 

The letter was addressed to Attorney General Paul Kihara Kariuki, who on the very same day, differed with Chief Justice David Maraga on the legality of the order.

“It will be a dereliction of duty if we were to remain mum on the President’s evident violation of the constitution. Of great concern is the manner in which previous orders and the current one have dealt with independent offices.”

“As per the constitution, the Judiciary under the Chief Justice and other independent offices are not subject to direction or control by any person or authority.”

“The AG’s office, Director of Public Prosecutions (DPP) offices are independent offices and cannot be under the control of the President,” Havi wrote.

LSK further raised concern over judicial officials who are aligned with the Executive and are being used to manipulate the constitution in favour of the Government.

Havi pointed fingers at DPP Noordin Haji, who he accused of having made decisions that contravene the law while acting under Uhuru’s directives.

“It is a fact that there are judges and magistrates who are reasonably perceived to be pro-Executive and often decide matters in which the Executive is concerned in favour of the Executive.”

“This erodes public confidence in the Judiciary.”

“The AG and ODPP have in the recent past acted on the direction of the President.”

“This is exemplified in the blatant disobedience of Court orders.”

“Appointments to and decisions by Commissions are skewed towards the Executive, a confirmation that they act on the direction or control of the President,” Havi stated.


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