The Law Society of Kenya has gone to court to challenge President Uhuru Kenyatta’s executive order which placed independent constitutional commissions under direct control of the Attorney-General and Cabinet Secretaries.
LSK has sued the AG and want the executive order issued earlier this month temporarily suspended.
Through lawyer Miller Bwire, LSK argues that the directive to subject independent constitutional commission and offices as well as government departments is contrary to the law.
According to LSK, the executive order which was issued earlier this month unlawfully purports to subject them under the authority of the AG who is not a cabinet secretary hence is an attempt to amend the constitution.
“The executive order by itself is unconstitutional and void of inconsistency as well as contravention of the law which renders this case necessary so as to protect the constitution,” said Mr Bwire.
He added: “It is critical that the impugned decision in the executive order is stayed pending the determination of this case or else the constitution stands to be violated.”
LSK has listed about 20 commissions and government departments and offices which were part of the executive order issued earlier this month.
They were placed under Cabinet Secretaries for Interior, Education, Lands and Public Service, Youth and Gender.
They include, Kenya Law Review Commission, Council of Legal Education, Office of the Registrar of Political Parties, Assets Recovery Agency, Kenya School of Law, Kenya Copyright Board, Victims Protection Board, office of the Director of Public Prosecution, Independent Electoral and Boundaries Commission and the Kenya National Human Rights Commission.
Others are the Commission on Administrative Justice, the Judicial Service Commission, Parliamentary Service Commission, National Police Service, Commission on Revenue Allocation, Salaries and Remuneration Commission, Controller of budget, Teachers Service Commission, National Lands Commission and the Public Service Commission.
