Update: On Friday, September 18, the Law Society of kenya (LSK) filed a petition seeking to quash the Executive Order on the transfer of the Kenya Meat Commission to the Ministry of Defence.
LSK, under its President Nelson Havi, argued that the transfer was irregular and in violation of the constitution.
“The effect is KMC which is a creature by Parliament is a body corporate with its own functions and mandate that cannot be transferred or interfered with,” court papers by LSK read.
LSK lawyers added that the commission’s powers and functions are absolute and nontransferable as stipulated in cap 383 of the Kenyan law.
President Uhuru Kenyatta has ordered the military to take over a parastatal based at the Ministry of Agriculture under CS Peter Munya.
In a notice seen by Kenyans.co.ke dated Monday, September 7, Munya directed Kenya Meat Commission- Managing Commissioner James ole Seriani to oversee the transfer of duties to the Department of Defence (DOD).
"Following the transfer of Ministerial Responsibility of the KMC to the Ministry of Defence by HE President, you are directed to facilitate a seamless transfer of KMC to Defence.
"Ensure that you coordinate the entire exercise with the National Treasury and transfer the associated budgets at the next scheduled supplementary Budget. You are required to submit a fortnight report to my office on the progress made," Munya directed.
Officials at the Agriculture docket, DOD and State House Spokesperson Kanze Dena played cagey with the directive or reasons for changes in Cabinet duties.
"I don't have anything to say on the matter. Kindly wait for an official communication," the Agriculture official stated with Kanze Dena reiterating the same while speaking with Kenyans.co.ke.
KMC has faced several graft cases from the Ksh 6 billion scandal in 2019 to the Ksh 11.5 million scandal which former Managing Commissioner Ibrahim Isaak was roped into.
In June 2020, CS Munya announced plans to modernise one of KMC's production plants in Athi River at a cost of Ksh 900 million.
The changes within the Cabinet were also spotted during the grilling of Transport CAS Charles Obure on Thursday, September 3 over the Kenya Medical Supplies Agency scandal. Obure disclosed that the government clearing agency was moved to Treasury from the Transport Ministry.
Kenyatta has been keen on using the military to safeguard his legacy, especially in the fight against corruption. In February 2020, he established the Nairobi Metropolitan Services (NMS) under General Mohamed Badi.
NMS took over key duties in Nairobi County after area Governor Mike Sonko handed over the functions. However, the move did not sit well with his critics and Deputy President William Ruto allies who accused him of disregarding the constitution in his appointments.
