COURT SUSPENDS UHURU’S DIRECTIVES ON HIRING EXTERNAL LAWYERS BY STATE AGENCIES.

BY SAM ALFAN.

The High Court has suspended President Uhuru Kenyatta’s order barring cabinet secretaries and state departments from hiring external advocates unless approved by Attorney General Kihara Kariuki.

In a ruling, Justice John Mativo said he was satisfied that the case filed by the Nairobi branch of the Law Society of Kenya, was merited. The Judge directed the LSK-Nairobi branch to file the main case within 15 days and the Attorney General to file his response within 21 days.

“For avoidance of any doubt, the order of stay herein above granted is directed to the accounting officers and Cabinet Secretaries in the National Government stopping them from implementing the actions specified in paragraph 4 of the Chamber Summons dated 20th July 2020 pending the hearing and determination of the substantive application,” the Judge said.

The Judge said after weighing the grounds cited in the application, the issues presented establish an arguable case which ought to be interrogated by the court.  “Differently put, the application meets the threshold to warrant the leave sought,” the Judge said.

The directive to CSs and state departments barred them from contracting external lawyers, unless with written approval of the Attorney General. The order also directed state agencies with cases already in court to terminate them within 21 days.

But LSK-Nairobi branch moved to court arguing that the directive was unconstitutional since there is the Public Procurement Act that guides the ministries, independent commissions, agencies and institutions on procurement.

Justice Mativo said the case will be heard on October 6.

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