The High Court has suspended President William Ruto’s Executive Order which gives new guidelines on the management of state corporations.
Justice Lawrence Mugambi issued the order in a case where Law Society of Kenya moved to court to challenge the said directive.
The Judge also stopped the Attorney General and other respondents from implementing the guidelines on the management and terms and conditions of service for Board Members and Staff of state corporations.
“A Conservatory order is hereby issued suspending the Executive Order No. 3 of 2024 pending the inter partes hearing of this Application,” ruled the Judge.
LSK through lawyer Manwa Hosea claimed guidelines, being statutory instruments, have been made in clear contravention of the Statutory Instruments Act, 2013.
According to the lawyer’s body, the said executive order seeks to take away the functions of the Public Service Commission to Executive.
They argue that the guidelines are a direct usurpation by the Executive of the functions of Public Service Commissions and establishment of a parallel public service under the office of the President.
It is also their argument that the said guidelines have also taken over the regulation of the human resource functions in the public service within State Corporations and Public Universities from the Public Service Commission and placed them on SCAC contrary to Article 234(2) of the Constitution, the PSC Act and PSC Regulations as well as decided court cases.
The court directed that the papers be filed and be served to the respondents and appear in court for highlighting submissions on June 24.