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Court suspends directive placing constitutional agencies under AG, CSs

The High Court has stopped implementation of Order 1 of June 2018 pending determination of a case by the Law Society of Kenya challenging the move/FILE

NAIROBI, Kenya, Jun 29 – An executive order placing 20 agencies of government under the direction, control and coordination of the Attorney General and relevant Cabinet Secretaries has been suspended.

The High Court has stopped implementation of Order 1 of June 2018 pending determination of a case by the Law Society of Kenya challenging the move.

Judge Winfred Okwany has issued the temporary order saying the lawyers’ umbrella body has raised arguable points of law.

LSK has been given two weeks to file and serve its suit papers upon the AG to facilitate a hearing on October 2.

The LSK has argued that President Kenyatta’s directive will disrupt constitutional independence of bodies, offices, and public interest.

It has argued the action which purports to surbodinate the independent offices is an attempt to amend the Constitution.

The lawyer’s body now wants the executive order dated NO. 1 of 2018 suspended pending determination of the case.
LSK has asked the court to find that “the order is unlawful and void of inconsistency and contrary to the supreme law,”

The resolution by the Executive, LSK adds is driven by malice .Some of the institutions include the JSC and KNCHR, TSC and the National Land Commission.

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