Katiba Institute sues Executive, Parliament for violating Constitution in Tribunal appointments
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. ..
✨ Key Highlights
Katiba Institute has filed a lawsuit against the Executive and Legislature in Kenya, alleging consistent violations of the Constitution and prior court rulings regarding the appointment of members to statutory tribunals. The institute contends that these appointments should exclusively be made by the Judicial Service Commission, not the Executive or specific Cabinet Secretaries.
- The lawsuit challenges the recent appointment of a member to the National Environment Tribunal by the Cabinet Secretary for Environment.
- It also contests clauses in the Gambling Control Act, 2025, which grant appointment powers to the President and a Cabinet Secretary for the Gambling Appeals Tribunal.
- Katiba Institute emphasizes that judicial precedent clearly states tribunals are part of the Judiciary, and their members must be appointed by the Judicial Service Commission.
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Supreme Court Lifts Lawyer Ban; JSC Nominates 15 for Court of Appeal - January 2026
Significant actions have been taken within Kenya's judiciary and legal framework. The Supreme Court of Kenya lifted its lifetime ban on Senior Counsel Ahmednasir Abdullahi on Friday, January 23, allowing him and his law firm to practice before the court again after the lawyer gave assurances of reformed conduct. In a separate action, the Judicial Service Commission (JSC) has nominated 15 individuals for the position of Judge of the Court of Appeal to boost the court's capacity. Among the prominent nominees is Joseph Katwa Kigen, a senior counsel who has represented President William Ruto. Additionally, the Katiba Institute has filed a lawsuit against the Executive and Legislature, alleging violations of the Constitution in the appointment of members to statutory tribunals.
