The High Court has declared President Uhuru Kenyatta’s order to structure the Judiciary into a state department unconstitutional.
In his Judgement, Justice James Makau ruled that Uhuru’s intention to restructure the Judiciary are a threat to its independence.
The judge described the Executive Order as President Uhuru Kenyatta’s attempt to organize government interfere with the independence of independent institutions.
“I find that the implementation of the Executive order is unconstitutional and illegal. A declaration is issued that the executive order number 1 of 2020 issued on January 14, 2020 purporting to organize the government and restructure the Judiciary are unconstitutional,” ruled Justice James Makau.
The Law Society of Kenya (LSK) had filed the case in the High Court, seeking to bar president Uhuru from transferring the Judiciary, its Tribunals, and Commissions to be under the executive arm of government from where it was feared the president will control it.
After the ruling, LSK president Nelson Havi took to his twitter to celebrate the win against president Uhuru.
Havi said that the ruling offers a good ground for the impeachment of the Head of State.
Before heading to court, the Havi-led team had given the excecutive an ultimatum to review the order.
“The society will accordingly proceed to court to challenge the executive order upon expiry of seven days from today if the executive order will not have been revised to exclude the Judiciary and its tribunals, commissions and independent offices,” read LSK’s letter to Artonney General Paul Kihara.
The ruling comes at a time when President Uhuru is at loggerheads with the Judiciary over failure to appoint 6 judges recommended by the Judicial Service Commission.
Former Chief Justices David Maraga and Willy Mutunga have come out to condemn president Uhuru.
Both CJ’s described Uhuru as a president who has no regard to the constitution and the rule of law.
But will Uhuru heed to this new order from the court?
Previously, Uhuru gave a deaf ear to a court order barring him from transferring the Kenya Meat Commission to the Ministry of Defence.
After gazzeting the transfer of the commission, Uhuru went ahead to officially launch its services.