LSK President Nelson Havi has said that the Executive Order No 1 is Unconstitutional. He has given the Executive 7 days to rescind or he will challenge it in Court.
President Uhuru Kenyatta on Wednesday evening issued an Executive Order NO.1 of 2020 – Organization of Government which has elicited debate amongst lawyers, with some arguing that he has abolished the “sharing aspect” of the presidency with his deputy William Ruto.
“In exercise of the powers conferred by Article 132 (3) (b) of the Constitution, as read with all other enabling Laws, I, Uhuru Kenyatta, President and Commander-in-Chief of the Kenya Defence Forces, order and direct: that this Order supersedes Executive Order No. 1 of 2018 (Revised) issued in July 2018,” reads the document, on its preamble.
Law Society of Kenya president Nelson Havi says in a letter to the AG that the Executive cannot realign the Judiciary.
No wonder court orders are not being obeyed by the same Executive issuing the executive order. I am sure AG will do nothing about this letter so the best thing is to move to court and challenge it.
“It will be a dereliction of duty if the Law Society of Kenya (Society) were to remain mum on the evident violation of the Constitution of Kenya by the President of the Republic of Kenya in the issuance of executive order No. 1 of
2020. The Society is mandated by Articles 3(1) and 10 of the Constitution as well as Section 4 of the Law Society of Kenya Act to defend the Constitution and national values and principles of good governance. The role of the Society in this regard is to assist the Government in matters relating to the administration of justice, to uphold the Constitution and advance the rule of law and administration of justice.” Reads part of Havi’s Statement.
Nelson Havi (President), Carolyne Kamende (Vice-President} George Omwansa, Herine Kabita, Roseline Odede (General Membership Representatives} Aluso Ingati, Caroline Mutheu, Faith Odhiambo (Nairobi Representatives) ’
Bernhard Ngetich, Beth Michoma, Esther Ang’awa, Ndinda Kinyili (Upcountry Representatives)
Linda Emukule (Coast Representative) have unanimously threatened to sue the Executive.
“Executive order No. 1 of 2020 is one of the many executive orders issued by President Uhuru Kenyatta. Of great concern to the Society is the manner in which previous orders and the current one have dealt with the Judiciary, Constitutional Commissions and Independent Offices. The Judiciary is established under Chapter Ten of the Constitution with the Chief Justice as its head.” reads part of LSK’s Statement.
Many Lawyers have thrown in their opinion on the whole effectiveness of the EO while some tearing apart the Executive and accusing the president of being a dictator.
The Country is slowly sliding unto dictatorship.We shall not countennance such an attempted constitutional coup! https://t.co/UrDaGHum7p
— Kipkoech B Ng'etich (@kaborus) June 4, 2020
According to lawyer Donald Kipkorir; the order will massively affect the operation of the office of Deputy President. For instance, he argues that the budget earlier channelled to that office will be a thing of the past, and hiring of employees will be a reserve of the Head of Civil Service Joseph Kinyua.
“Just like that, President Uhuru Kenyatta abolishes the Presidency and Office of the Deputy President! … We now have Office of the President …. Joseph Kinyua will be in charge of recruitment and dismissals in the new structure in the Office of the President. What exciting times,” he posted on his Twitter page.
Ahmednasir Abdullahi, however, said the order was being misinterpreted. He argued that the term “Presidency” implying Offices of President and Deputy President working as a unit is alien.
“The leading legal commentary on the executive order issued today by H.E Uhuru are advanced on Twitter by laymen with zero legal education. The constitution talks of The President. The Deputy President…etc. The “presidency” is a “constitutional heresy,” he posted on his Twitter page.
We support you on this one, my Lord CJ. https://t.co/E6l9i9Yqc8
— Nelson Havi (@NelsonHavi) June 4, 2020
Very good. FIRST TIME in 5 YEARS CJ Marage stood FIRMLY with judiciary… https://t.co/12BAMDmZPo
— Ahmednasir Abdullahi SC (@ahmednasirlaw) June 4, 2020