Law Society of Kenya v Office of the Attorney General & 2 others (Constitutional Petition 203 of 2020) [2021] KEHC 454 (KLR) (Constitutional and Human Rights) (10 June 2021) (Judgment)

Facts

The Law Society of Kenya filed a constitutional petition against the Office of the Attorney General and others, alleging that Executive Order No. 1 of 2020 and other legislation contravened the Constitution of Kenya 2010.

Issues

1. Whether the President had powers to transfer and place various tribunals and constitutional commissions under ministries and state departments.
2. Whether Executive Order No. 1 of 2020 was unconstitutional.
3. Whether the misjoinder of parties in the constitutional petition was fatal.
4. Whether a party could raise an issue not contained in the pleadings through submissions.

Reasoning

The court interpreted the Constitution to mean that it should be interpreted in a manner that promotes its purposes, values, and principles, advances the rule of law, and human rights and fundamental freedoms.

Outcome

The petition was dismissed.

Authorities cited