High Court of Kenya: Tribunals are subordinate courts falling under the Judiciary.
The High Court of Kenya has affirmed that Tribunals are subordinate courts falling under the Judiciary. It holds that appointment to Tribunals must be by the Judicial Service Commission(JSC) and not the Executive. Katiba Institute was an interested party in the matter.
Okiya Omtata ,with Katiba Institute as Interested Party, had challenged appointment of Tribunals by the President and CSs. He argued that Tribunals are subordinate courts falling under the JSC. Also, because the Executive is usually a party before Tribunals appointment of Tribunal members by the Executive violates the Constitution.
The Court agreed and asked the AG and Parliament to fastback the Tribunals Bill to transit Tribunals to the Judiciary. They are to file an affidavit in 6 months detailing progress.
Petition No. 197 of 2018
Amended Petition No. 197 of 2018