Judiciary Cannot be Organised by an Executive Order, Maraga Tells Off Uhuru

Chief Justice David Maraga has protested President Uhuru Kenyatta’s Executive Order that has re-organised various arms of the government.

The head of State in the order signed on May 11 assigned functions and institutions among ministries and state departments, superseding the Executive Order No. 1 of 2018 (Revised) issued in July 2018.

He specified functions of the constitutional commissions, independent offices, the Judiciary and Parliament.

But in a statement issued on Thursday June 4, CJ Maraga has told off President Kenyatta on the executive order.

The statement that has been shared via Maraga’s official twitter handle, says the manner in which the judiciary operates cannot be the subject of an Executive Order.

Maraga further notes that the Judiciary is neither a ministry nor a government department which can be “organised” by an Executive Order.

President Kenyatta in his order placed the Judicial Service Commission under a state department.

CJ Maraga in his protest letter further notes that JSC is part of the Judiciary, a government branch that can’t be assigned functions by the executive.

He says an Executive order cannot restructure or assign functions to the other co- equal and co-substantial arms of government and independent commissions.

According to Maraga, the order only applies to and is indeed only capable of applying to the Executive branch of government.

The order, Maraga says, might have been subject to an error, which he hopes the executive arm of the government will come out clear and rectify, to avoid confusing the citizens.