The High Court, Nairobi, Monday reversed President Kenyatta’s order transferring the Kenya Meat Commission from the Ministry of Agriculture to Defence.
According to the ruling, the decision was done irregularly.
Justice Anthony Mrima said the move violated Article 10 of the Constitution, due to lack of public participation, but noted that the error can be rectified.
“This court declares the decision constitutionally infirm. The decision is hereby quashed,” Justice Mrima ruled.
This follows a petition by the Law Society of Kenya.
LSK through Lawyer Manwa Hosea, said the move was unlawful as the same had been done without any amendments to the KMC Act.
“The Ministry of Defence has no role or representation in the KMC as established under section 3 of its Act. The President ought to trigger relevant amendments to the Act before reorganizing the commission,” he said.
Since the President’s decision to re-assign the ministerial responsibility was already effected and budgets accordingly moved, the judge said his order should stay suspended for 90 days to accord the Attorney-General an opportunity to regularise the situation.
During the transfer of the Kenya Meat Commission, the order issued by President Kenyatta cited the need for efficiency in service delivery and enhanced accountability. However, the high court has now determined that the transfer was done outside the legal provisions.
Kenya Meat Commission provides a crucial link between livestock farmers and the market and the confusion surrounding its operations can only hurt the farmers.
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