Katiba Institute has filed a case against Kenya’s Executive and Parliament, accusing them of violating the Constitution through unlawful appointments to statutory tribunals. The application, filed in the High Court, challenges the recent appointment of a member to the National Environment Tribunal by the Cabinet Secretary for Environment and disputes the provisions in the Gambling Control Act, 2025, which grant the President and Cabinet Secretary appointment powers over the Gambling Appeals Tribunal.
The legal challenge underscores the broader issue of adherence to Kenya’s constitutional mandates, particularly regarding the separation of powers. The Institute argues that judicial precedents clearly establish that members of tribunals should only be appointed by the Judicial Service Commission (JSC), not by members of the Executive. This case emphasizes the ongoing struggle for judicial independence in Kenya and the need to uphold the rule of law.
In their application, Katiba Institute accuses the respondents of subverting constitutional commands, demonstrating what they describe as a “headstrong contumaciousness” marked by defiance, impunity, and disregard for the authority of the Constitution. The Institute condemns this behavior as an egregious violation of governance principles and judicial integrity, invoking concerns over the growing erosion of constitutional authority.
The case also highlights Kenya’s constitutional framework, specifically Article 42, which upholds the country as a multi-party democratic state, founded on national values including rule of law, good governance, and accountability. Katiba Institute’s legal action seeks to reaffirm these principles and prevent further erosion of Kenya’s judicial independence.
