Judiciary strikes again in unending war with President

• Dec 4, 2021

In yet another case of judicial activism, the High Court has ruled roles given to Attorney General Kihara Kariuki by the appointing authority, President Uhuru Kenyatta are null and void.

The ruling which is yet another attempt to humiliate the President for failing to appoint corrupt judges opens another war between the Executive and Judiciary.

In the judgment delivered on December 3, the High Court termed President’s move to assign the AG Cabinet Secretary roles as unconstitutional.

According to the ruling, Uhuru ought to have assigned the roles to a Cabinet Secretary in charge of Justice and Constitutional Affairs instead of Kariuki.

Justice James Makau established that the Uhuru's failure to assign a minister to be in charge of legal education, Kenya School of Law (KSL), Kenya National Human Rights Commission (KNHRC), Victim Protection Agency, Judicial Service Commission (JSC), and law reforms is against the Constitution.

The court even went ahead to direct the Head of State to appoint or designate the duties to another CS, not the sitting AG.

The case was filed by the notorious Law Society of Kenya through Nelson Havi who is backing William Ruto’s presidential ambitions next year.

LSK under the leadership of Havi has been acting as the Opposition.

It is the same court that initially barred the Nairobi Metropolitan Services (NMS) boss, Maj Gen Mohammed Badi, from sitting and attending Cabinet meetings.