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"It is Unconstitutional, " Blow to Uhuru as High Court Rules Against Him on Delegation of Duties

President Uhuru Kenyatta has lost another legal battle after a ruling declared his appointment and delegating powers to Attorney General Paul Kihara to be null and void.

The High Court ruled that President Uhuru's decision to allocate the AG Cabinet Secretary duties was unconstitutional.

According to the judgement, instead of AG Kariuki, Uhuru should have allocated the positions to a Cabinet Secretary in charge of Justice and Constitutional Affairs.

The judgement made it clear that, while the AG is permitted to serve in Uhuru's Cabinet, he is not constitutionally authorized to carry out the duties of a CS.

Justice James Makau ruled that Uhuru's failure to appoint a minister in charge of legal education, the Kenya School of Law (KSL), the Kenya National Human Rights Commission (KNHRC), the Victim Protection Agency (JSC), and law changes violated the Constitution.

"I deem the President's conduct and inactions to be an egregious affront to the Constitution, justifying the intervention sought in the petition," Justice Makau stated.

The court ordered the Head of State to select or designate another CS, rather than the existing AG, to carry out the tasks.

"A declaration is hereby issued that, pursuant to Article 132(3) (c) of the Constitution, the President of the Republic of Kenya is under Constitutional obligation to designate and assign Cabinet Secretaries as befitting to ensure administration and implementation of all Acts of Parliament," the Judge ruled.

The Law Society of Kenya filed the petition in 2018 to challenge the President's decision to appoint AG Kariuki CS duties.

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AG Kariuki High Court JSC James Makau Kenya National Human Rights Commission

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