Chief Justice David Maraga addresses President Uhuru Kenyatta's Executive Order over inclusion of Judiciary

Maraga hits back after Uhuru's Executive Order

Mumbi Mutuko

June 4, 2020 10:30 AM

Maraga addresses Uhuru's Executive Order

Chief Justice David Maraga

Chief Justice David Maraga says the Executive Order issued by President Uhuru Kenyatta can only apply to the executive branch of government.

In a lengthy statement issued on Thursday, CJ Maraga observed that the Executive Order has no effect on Judiciary and JSC as both are independent of the Executive.

The CJ corrected the Executive Order for placing the Judicial Service Commission under a state department.

"The manner in which the Judiciary operates cannot be the subject of an Executive Order made pursuant of Article 132(3)(b) which empowers the Presidents to direct and coordinate the functions of ministries and government departments," the CJ's statement read in part.

President Uhuru Kenyatta with Chief Justice David Maraga President Uhuru Kenyatta with Chief Justice David Maraga Pulse Live Kenya

Maraga's take

CJ Maraga clarified that an Executive Order cannot restructure or assign functions to the Judicial Service Commission (JSC) or its chairperson.

He urged the Office of the President to clarify on the issues raised stating: "I want to believe that this was an inadvertent error."

His take comes amid an Executive Order was issued by the President on Wednesday which changed the Presidency title to the Executive Office of the President.

President Uhuru Kenyatta chats with Chief Justice David Maraga ece-auto-gen

Nairobi Metropolitan Service was also officially placed under the Office of the President which implied that the functions of the four functions of Nairobi county transferred to the national government will now be under the direct supervision of the President.

Mumbi Mutuko