AG: Claims by Judiciary on Executive Order a misunderstanding

Written By: Hunja Macharia

The Attorney General Kariuki Kihara has clarified that the Executive order issued by President Uhuru Kenyatta on Wednesday doesn’t in any way intend to restructure the Judiciary.

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This after Chief Justice David Maraga claimed that the order had attempted to restructure and assign Functions to the Judiciary.

Kihara says, “There is no provision in the Executive order with the express or implicit purport of assigning functions to the Judiciary, the Judicial Service Commission or any other independent institution.”

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In a statement, the AG says the President only assigned Ministries and Government departments responsibility for linkages with identified independent institutions which doesn’t amount to restructuring.

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Kahara further says the claim by the Chief Justice is therefore false and premised on a misunderstanding of the Executive Order.

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He says the Executive order is properly and lawfully issued and that it doesn’t intend to undermine any independent arm of the Government or to cause confusion among members of the public.

According to the AG, the order seeks to provide clarity to ministries and Government on their responsibilities with respect to the necessary linkages with other institutions.

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“It is the constitutional duty of the President as Head of State and Government to define for Ministries and Government departments their responsibility in fostering policy coordination between all arms of Government.” He said.

Kihara said while the Government respects the independence of these institutions, it doesn’t mean that they should be isolated especially in fulfilling various mandates in public service.


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