The Law Society of Kenya has filed a case challenging the legality of an Executive order issued by President Uhuru Kenyatta that allegedly sought to place the Judiciary, commissions as well as independent offices under ministries and government departments.
Through lawyers Manwa Hosea and Arnold Ochieng, the LSK terms the move as unconstitutional since the executive arm of government cannot restructure or assign functions to other arms and independent commissions.
The LSK claims the disputed Executive order No. 1 of 2020 offends the principles of the constitution, doctrine of separation of powers, democracy and independence of constitutional offices.
According to the LSK, the May 11 Executive Order titled 'The Organisation of Government' can impair the independence of the Judiciary, commissions and independent offices.
The order, the LSK argues, places the various tribunals, constitutional commissions and independent agencies under the control and direction of the respective departments.
