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Friday, December 3, 2021 – A court sitting in Nairobi has today ordered President Uhuru Kenyatta to appoint a cabinet secretary in charge of Justice and Constitutional Affairs.

In a landmark ruling delivered by Justice James Makau, the Judge ordered Uhuru, who is the appointing authority, to appoint the CS who will implement the six acts of parliament that are yet to be implemented.

The six are; The Law Reform Act, The Legal Education Act, The Kenya School of Law Act, The Judicial Service Act, The Kenya National Commissions on Human Rights Act and the Victims Protection Act.

“As should be the fate of the decision of the president not to appoint or assign a befitting CS for the implementation and administration of the aforestated Acts of parliament pertinently the Ministry of Justice and constitutional affairs,” Makau ruled.

Justice Makau said he found the actions or inaction of the president are in effect an egregious affront of the constitution necessitating intervention as sought by the Law Society of Kenya(LSK).

“I think it’s unjustified and wrong that the public interest should be left to suffer as a consequence of violation of the constitution demonstrated in the petition,” he said.

Judge Makau ruled that LSK had demonstrated that the president of the Republic of Kenya has failed to uphold his duty under Article 132(3) to assign and designate cabinet secretaries according to legislative intent.


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