LSK dismisses Uhuru’s Executive Order

“Executive Order No 1 of 2020 is unconstitutional in so far as it purports to place the Judiciary, commissions and other independent offices under the Executive. Unless the Executive Order is rescinded within 7 days the LSK will challenge it in Court” says Havi.

Havi is accusing the office of the Attorney General and that of the Director of Public Prosecutions (ODPP) of going against the law to advance the Executive’s agenda.

“The AG and the ODPP have in the recent past  acted on the direction of the President… Similarly, there is clear laxity by the ODPP to prosecute government officials and other individuals considered to be sacred cows of the Executive. The fidelity of these two Independent Offices to the Constitution and the rule of law is negated by the controls manifest in the executive order” he said.

Havi’s letter follows a protest from Chief Justice David Maraga who said the Executive Order issued by the President on Wednesday evening, undermines the principle of separation of power.

But the AG has defended the President’s action, saying the Executive Order was issued within the law and that it doesn’t intend to undermine any independent arm of the Government or to cause confusion among members of the public.

Speculation

“There is no provision in the Executive order with the express or implicit purport of assigning functions to the Judiciary, the Judicial Service Commission or any other independent institution,” said the AG.

The order has stirred speculation with comments that the Deputy President had been stripped of his powers after the title Presidency was changed to Executive Office of President.

Makueni Senator Mutula Kilonzo who is a lawyer says the word Presidency is not a political term that has been loosely used give an impression that the President and Deputy President are almost two centres of power.

Mutula, says the President Uhuru’s order falls squarely within the confines of the law.

President Uhuru Kenyatta’s chief of staff Nzioka Waita says the Executive Order on The Organisation of Government is primarily an administrative tool that provides clarity to the Public Service on the designation of functions and placement of entities within the government.