The ruling, made by Justice Chacha Mwita, is a big win for the Public Service Commission (PSC) and the Law Society of Kenya (LSK), who had opposed the order.
According to Justice Mwita, the President’s move went against the Constitution. He said the order violated Article 234(2), which gives the Public Service Commission the full authority to manage public service matters, including hiring, promotions, and discipline.
The judge stated that no law or executive action should take away powers that belong to the PSC.
“The President cannot exercise powers that are constitutionally given to the Public Service Commission,” Justice Mwita ruled.
He also declared parts of the State Corporations Act, including Sections 5(3) and 27(c), unconstitutional because they gave the President powers that belong to the PSC.
The Executive Order, which was issued in May 2024, aimed to centralize the management of State corporations under the Office of the President.
It introduced new rules that would have allowed the President’s office to oversee board appointments, staff management, and other administrative issues in parastatals.
However, both the LSK and PSC strongly opposed the move. They argued that it would weaken independent commissions and create a parallel structure of public service.
The LSK said the order would interfere with the PSC’s independence and could lead to unfair appointments based on loyalty instead of merit.
In his final decision, Justice Mwita agreed with their arguments, saying the Constitution requires public service to be based on fairness, merit, and professionalism.
He added that any attempt to undermine the independence of constitutional commissions was unlawful.
The court’s decision now means that the Executive and Parliament must review and adjust the laws guiding State corporations.
They must ensure that these laws follow the Constitution and respect the powers of independent bodies like the PSC.
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