High Court Declares President Uhuru’s Judiciary Restructure Orders Unconstitutional

High Court of Kenya on Thursday declared President Uhuru Kenyatta's Executive order that sought to restructure the Judiciary and tribunals into state departments unconstitutional.

High Court Declares President Uhuru’s Judiciary Restructure Orders Unconstitutional

In a judgment issued by Justice Makau on Thursday, they found that LSK had demonstrated that the intended orders of the Judiciary are a threat to the financial independence of the Judiciary.

The court also found that it is against the law for the President to purport to organize government and set out Judiciary commissions and independent offices.

In 2020, retired CJ David Maraga publicly criticized the President after the release of Executive Order No 1 of 2020, claiming that Uhuru had illegally altered the Judiciary’s organizational structure.

Following the retired CJ’s outcry, the LSK moved to court seeking to overturn Uhuru’s directive on the basis that it was done without consultation.

In a case filed by lawyers Manwa Hosea and Arnold Ochieng before Justice Makau, the Law Society of Kenya (LSK) claimed that the order contravenes the Constitution by eroding the Judiciary’s independence.