President Uhuru Kenyatta has once again failed to prevail in court following a judgment that termed his appointment and assigning of roles to Attorney General Paul Kihara as null and void.
In the latest judgment delivered on Friday, December 3, the High Court termed his move to assign the AG Cabinet Secretary roles as unconstitutional.
According to the ruling, Uhuru ought to have assigned the roles to a Cabinet Secretary in charge of Justice and Constitutional Affairs instead of Kariuki.
The ruling made it clear that although the AG is allowed to sit in Uhuru's Cabinet, he is not legally mandated to execute the duties of a CS.
Justice James Makau established that the Uhuru's failure to assign a minister to be in charge of legal education, Kenya School of Law (KSL), Kenya National Human Rights Commission (KNHRC), Victim Protection Agency, Judicial Service Commission (JSC), and law reforms is against the Constitution.
“I find the actions and inactions of the President are in effect an egregious affront to the Constitution, necessitating the intervention as sought in the petition,” Justice Makau stated.
The court directed the Head of State to appoint or designate the duties to another CS, not the sitting AG.
“A declaration be and is hereby issued that under Article 132(3) (c) of the Constitution, the President of the Republic of Kenya is under Constitutional obligation to designate and assign Cabinet Secretaries as befitting to ensure administration and implementation of all Acts of Parliament,” ruled the Judge.
The case was filed by the Law Society of Kenya in 2018 challenging President's move to assign AG Kariuki CS roles.
“The decision also purports to subordinate independent Constitutional offices and Commissions to the office of the Attorney General, and Cabinet Secretaries contrary to the Constitution,” LSK argued in its submission.
LSK under the leadership of President Nelson Havi maintained that Uhuru acted contrary to the constitution to fail to appoint, designate or assign the roles to a CS.
This is a second blow to Uhuru's Cabinet. Initially, the court barred the Nairobi Metropolitan Services (NMS) boss, Maj Gen Mohammed Badi, from sitting and attending Cabinet meetings.
This is after court found that Uhuru admitted him to his Cabinet unconstitutionally.
