High Court Trashes Uhuru's Executive Order

The president had sought to use the order to place the Judiciary, Tribunals Commissions, and Independent Offices under the Executive.

High Court Trashes Uhuru's Executive Order

The High Court has nullified Executive Order Number 1 of 2020, issued by President Uhuru Kenyatta, declaring it unconstitutional.

The president had sought to use the order to place the Judiciary, Tribunals Commissions, and Independent Offices under the Executive.

According to Law Society of Kenya (LSK) President Nelson Havi on Twitter, this could be further render the president vulnerable to impeachment.

President Uhuru Kenyatta poses for a group photo with CJ Martha Koome and 34 judges at State House on Friday, June 4, 2021. /PSCU 

The development comes at a time where there has been a clash of heads between the Head of State and the Judiciary after he refused to appoint six of the 40 judges recommended by the Judicial Service Commission (JSC). 

Former Chief Justices David Maraga and Willy Mutunga have recently called for the impeachment of President Kenyatta citing blatant disregard of the law.

Speaking to KTN News on Wednesday, June 9, Maraga lamented that Uhuru's decision was endangering the careers and lives of the six judges.

In his letter, the Head of State had explained that he had turned down the judges after his team raised alarm over their conducts.

The six included Joel Ngugi and George Odunga who had been part of a bench that declared the Building Bridges Initiative (BBI) unconstitutional. The other four were Weldon Korir, Aggrey Muchelule, Makori Evans Kiago and Judith Omange Cheruiyot.

"The thing in each person's mind is that this fellow has integrity issues. When somebody loses a case before that judge, he will come up with allegations that this guy was bribed.

"You are literally ruining the careers of these judges and totally ruining their lives and that of their families. That is so serious that it cannot be done so casually as it has been done. That is extremely bad," stated Maraga.

He further demanded Uhuru to swear in the judges as per protocol before filing a complaint if he has proof that their conduct can be called to question.

"There is a procedure. Swear these judges in, lodge a complaint before JSC and whoever has been appointed will be removed.

"What has happened is that these judges have been condemned unheard, in the eyes of the public, these are the corrupt judges the President was talking about," he added.

Former Chief Justice David Maraga. /CAPITAL FM