Chief Justice David Maraga has released a statement trashing sections of Executive Orer No. 1 signed by President Uhuru Kenyatta.
“My attention has been drawn to Executive Order No. 1 of 2020 entitled “The Organization of Government” (particularly page 69 thereof) issued by the President on 11th May 2020.” Maraga says in the statement.
Chief Justice Maraga continues to clarify that the Judiciary, the JSC and the Office of the Chief Justice are created by the Constitution and their functions cannot be dictated by the Executive since they are co-equal arms of government.
“The Judiciary and the Judicial Service Commission are established under Chapter 10 of the Constitution. The Order cannot “restructure” or “assign” functions to the other co-equal and co-substantial arms of government and independent commissions. An Executive Order cannot “restructure” or “assign” functions to the Judiciary or the Chief Justice.”
The Chief Justice’s statement also said that “The Judiciary is neither a ministry nor a government department which can be “organised” by an Executive Order”
“I want to believe that this was an inadvertent error and that the office of the President will promptly issue a correction. While the Executive Order has no legal effect as the Constitution is clear about the creation of the Judiciary and the JSC and their authority and functions, it is important that the public understands, for the sake of our constitutional democracy, that both the Judiciary and the JSC are independent organs which are neither assigned functions nor derive authority from the Executive branch of government.”
Here is the statement: