President Uhuru Undermining The Supreme Law Of The Land To Punish DP Ruto?

It has reached a point where it is evident that “When two bulls fight, it is the grass that suffers”. It has reached a point where the supreme law of the land has become the grass and the two bulls are above the law (grass).

In the past one month, Kenyans have witnessed secret claws of President Uhuru Kenyatta dismantling the political image of his Deputy William Ruto in a move to restructure his Political Coalition party Jubilee and restructure his government to bring order.

Kenyans have witnessed Uhuru Kenyatta exhausting his resources at his disposal to expel his fierce critics from the public service and his own political party. Victims allied to DP Ruto have felt the wrath of bull but Democracy and Supreme law of the land – Constitution has suffered the most. Poor and Double standards.

The Judiciary, Law Society of Kenya and other NGOs have been suddened by most of his recent orders and moves that have greatly undermined the constitution but again he does this in the watch of Attorney General who’s the lead Constitutional adviser to the President and to the Nation.

On Wednesday 3, the President released an Executive order restructuring his government. An order which left public into misinterpretation journey.

“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 the government shall be organised as set out in this order,” the order reads.

The order assigns functions and institutions among ministries and state departments, and supersedes Executive Order No. 1 of 2018 (Revised) issued in July 2018.

It contains portfolio responsibilities and changes made in the structure of government.

It specifies functions of the constitutional commissions, independent offices, the Judiciary and Parliament.

Among the functions of the Executive Office of the President are overall policy direction and leadership, a role that will be played by the Cabinet.

In a response to his recent public debated Executive order 2020 which was published in May 11 but released to the general public on Wednesday 3 June [ which raises eyebrows], The order, among other things, addresses itself to the Judiciary and Independent Commissions, which is the cause for worry by the Judiciary.

“Direct and coordinate the functions of ministries and government departments” and that the Judiciary does not fall in any of the categories as it is an independent arm of the government. 

The Judiciary and the Judicial Service Commission are established under Chapter 10 of the Constitution. The Order cannot restructure or assign functions to the other co-equal and co-substantial arms of government and independent commissions,” he says.

Maraga maintains that the Constitution directly creates the JSC and assigns its functions and powers and therefore the Order only applies to the Executive arm of the Government.

“I want to believe that this was an inadvertent error and that the office of the President will promptly issue a correction,” he added. 

At the same time, Maraga urges the government to avoid publishing publications and orders that may cause confusion to the general public. 

“This will serve to avoid confusion among members of the public as well as foster the constitutional letter and spirit of separation of powers. It will also avoid the unwitting undermining of the other independent arms of government and institutions,” he says.

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.

By Executive Order No. 1 of 2013, President Uhuru Kenyatta established The Presidency with Executive Office of the President & Executive Office of the Deputy President …. By Executive Order No. 1 of 2020, he nullified the Order of 2013 & established Office of the President …

— Donald B Kipkorir (@DonaldBKipkorir) June 4, 2020

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Law Society of Kenya has not been left behind in this hullabaloo and has since released a statement terming the Executive order unconstitutional and has given the President 7- days ultimatum to rescind or challenge him in court. 

“Executive Order No 1 of 2020 is unconstitutional in so far as it purports to place the Judiciary, commissions and other independent offices under the Executive. Unless the Executive Order is rescinded within 7 days the LSK will challenge it in Court”.