The President of the Judiciary, Chief Justice David Maraga has slammed President Uhuru over the latest Executive Order
Maraga faulted Uhuru’s Executive Order, he singled out the placing of the Judicial Service Commission under a state department.
The Chief Justice said the JSC is part of the Judiciary, a government branch that can’t be assigned functions by the executive.
In the order signed on May 11, the President assigned functions and institutions among ministries and state departments, superseding the Executive Order No. 1 of 2018 (Revised) issued in July 2018.
It contained portfolio responsibilities and changes made in the structure of government
Uhuru specified functions of the constitutional commissions, independent offices, the Judiciary and Parliament.
But Maraga in a statement on Thursday said 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 of the judiciary or the chief Justice,” Maraga said.
Maraga said the manner in which the Judiciary operates cannot be the subject of an Executive Order.
“The Judiciary is neither a ministry nor a government which can be organised by an executive order made,” he said.
“An Executive Order cannot restructure or assign functions to the JSC or its chairman. The constitution directly creates the JSC and assign it functions and powers in articles 171-173 of the Constitution.”
However, the Judiciary has always been mentioned in other Executive Orders.
Maraga said it was obvious that the order only applies to and is indeed only capable of applying to the Executive branch of government.
“I want to believe that this was an inadvertent error and that the office of the president will promptly issue a correction,” he said.
The Chief Justice said that both the Judiciary and the JSC are independent organs which are neither assigned functions nor derive authority from the Executive.
“It is imperative that the institutional independence be made clear in all official government publications and orders. This will serve to avoid confusion among the public as well as foster the constitutional spirit of separation of powers,” he said.
“It will also avoid the unwitting undermining of the other independent arms of government.”
In the latest order, the Nairobi Metropolitan Service was put under the Office of the President.
The Presidency title was also changed to the Executive Office of the President.
King Mswati says
This is now witchcraft.
Even a grade 3 child knows that there are three arms of government and there is no way, under all conditions of temperature and pressure that the president of one arm of government can claim to reorganise another arm of government.
By the way, the current government has been in power for the last 8 years, during which time, they have presided over arnach in government duties.
What we can only ask them, is to quietly continue looting for the next few years and once their term is over, Kenyans can choose a government to govern them for the next ten years.
There are critical issues of the current constitution that have not been implemented, glaringly, the maximum and minimum size of land any living human being can own.
And here lies all the reasons his government is running scared and even wants to change the constitution so that they remove that clause.
There are some people who own land equal to the size of Nyanza province, yes, you heard me well, the size of Nyanza province,
Anonymous says
Correct the bustard fraudster vampire son of a fossil thief, who passed through schools but ended up educable and a thief!
Anonymous says
Shut up! You are the same people who could not let us talk while dancing and praising ‘thuna’ and ‘kamwana ka Ngina’. Fraudster thief! Do you know that you are the cause of what this country is going through?
Anonymous says
it remains a fraudster and a stupid one to say the very least: digest it and deal with it.
I never votes for the scumbag!
Anonymous says
JUDICIARY IS AN INDEPENDENT BODY THAT CANNOT BE CONTROLLED BY ANY POLITICAL PRESIDENT, PARTICULARLY, A TRIBAL PRESIDENT WHO IS UNDER A TIGHT CONTROL OF MT. KENYAN TRIBAL MAFIA AND THEIR FOREIGN SUPPORTERS, these two entities have captured the REPUBLIC OF KENYA!!
Mt. Kenyan mafia believes they must control and marginalize 41 of the 42. Kenyan tribes forever! THUS making an attempt to control the KENYAN JUDICIARY is a blatant attempt to. make Kenya a country ruled by an IMPERIAL PRESIDENT WHO IS ABOVE ALL LAWS!
KENYANS MUST REJECT THIS ATTEMPT!!
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