NAIROBI, Kenya Jan 22 – Katiba Institute has taken the Executive and Legislature to the High Court, alleging persistent defiance of the Constitution and court decisions in the administration of statutory tribunals.
The case challenges the recent appointment of a member to the National Environment Tribunal by the Cabinet Secretary for Environment, and clauses in the Gambling Control Act, 2025, which grant the President and a Cabinet Secretary appointment powers over the Gambling Appeals Tribunal.
The institute argues that judicial precedent is clear: tribunals form part of the Judiciary, and their members can only be appointed by the Judicial Service Commission.
Katiba Institute says the matter underscores ongoing concerns over the separation of powers and adherence to judicial rulings in Kenya’s governance.
“Article 42) of the Constitution proclaims Kenya as a multi-party democratic state founded on national values and principles of governance referred to in Article 10, including the rule of law, good governance and accountability.”
“Today, the Respondents have subverted these constitutional commands and demonstrated a headstrong contumaciousness born of bold impunity, open defiance, and a cynical disregard for the authority of the Constitution and the integrity of the judicial system, in several material respects. A pure demonstration of uta-do,” read the application certified by Joshua Maldoo Nyawa, an advocate of the High Court of Kenya.
