Katiba Institute has filed a lawsuit against Kenya’s Executive and Parliament, accusing them of violating the Constitution and defying court decisions regarding the administration of statutory tribunals. The legal action targets the recent appointment of a member to the National Environment Tribunal by the Cabinet Secretary for Environment and clauses in the Gambling Control Act, 2025, that grant the President and a Cabinet Secretary appointment powers over the Gambling Appeals Tribunal.
The Institute argues that, according to judicial precedent, tribunals form part of the Judiciary, and thus, their members must be appointed by the Judicial Service Commission (JSC), not by political officeholders. This case highlights ongoing concerns regarding the separation of powers in Kenya’s governance, with Katiba Institute stressing the need for adherence to constitutional provisions and the rule of law.
In its application, certified by advocate Joshua Maldoo Nyawa, the Institute claims that the respondents have demonstrated “headstrong contumaciousness” and “bold impunity” in violating the authority of the Constitution. The application asserts that these actions show a disregard for the integrity of the judicial system and for judicial rulings, characterizing the behavior as a “pure demonstration of uta-do,” which translates to “we will do as we please” in Kenyan parlance.
Katiba Institute’s challenge underscores the importance of upholding the rule of law and ensuring that all branches of government respect constitutional limits and the authority of the judiciary. This case will be watched closely, as it addresses the broader issue of governance, accountability, and the independence of the judiciary in Kenya.
