The High Court on Friday suspended a directive by President Uhuru Kenyatta to change the directorship of the Independent Electoral and Boundaries Commission (IEBC) and 19 other independent commissions.
The ruling issued by Judge Winfred Okwany placed a temporary suspension to Uhuru's executive order that had directed the Attorney General and relevant Cabinet Secretaries to take over the directorship at the institutions.
The Law Society of Kenya (LSK) moved to court shortly after the president's June 22, 2018. order challenging its lawfulness.
Justice Okwany suspended the directive observing that LSK had raised "arguable points of law".
[caption caption="Attorney General Paul Kihara during a past appearance at Parliament"]
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"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.
"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," argued LSK lawyer Miller Bwire before the court.
Some of the institutions that were listed for restructuring 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 and the Kenya National Human Rights Commission.
Others are 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.
CSs who were set to take over some of the bodies include the CS for Interior, Education, Lands and Public Service, Youth and Gender.
LSK has been given two weeks to file and serve its suit papers upon the AG to facilitate a hearing on October 2.
[caption caption="Law Society of Kenya President Allen Gichuhi with Vice President Harriette Chiggai in Nairobi on February 24, 2018"]
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