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Originally published by Capital Newstop
January 22, 2026
7h ago
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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