NAIROBI, Kenya Sep 18 – The Law Society of Kenya (LSK) has filed an urgent application in court seeking an order to quash the government decision to place the Kenya Meat Commission (KMC) under the Ministry of Defence.
The decision by President Uhuru Kenyatta, through an Executive Order, was executed by Cabinet Secretary in the Ministry of Agriculture, Fisheries and Irrigation Peter Munya, sparking outrage from a section of political leaders.
On Friday, LSK filed the challenge, though lawyer Hosea Omanwa, who termed the move as “irregular and violated the constitutional provisions of the law.”
“The effect is KMC which is a creature by Parliament is a body corporate with its own functions and mandate that cannot be transferred or interfered with,” the lawyer says.
He further argues in suit papers that KMC is established under Cap 383 of the constitution and that its powers and functions are absolute.
He submits that the decision of the CS is amenable to judicial review so as to revert back all functions purported to have been taken from KMC to be sustained as provided for under the Constitution.
Justice Anthony Mrima has since certified the application urgent and directed the same be served upon the Attorney General, CS Agriculture and the interested party KMC within a week.
Respondents were ordered to file their respective replies together with written submissions within 10 days to enable the court to set the matter for inter partes hearing.