The High Court has quashed decision bybthe Government to transfer the Kenya Meat Commission to the Ministry of Defence from Ministry of Agriculture, Livestock, Fisheries and Irrigation.
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 on Monday evening in a case filed by the Law Society of Kenya (LSK) on behalf of the public.
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.
The judge, however, dismissed arguments by the LSK that the President’s decision was arbitrary and amounted to commercialisation of the Ministry of Defence, which is inconsistent with the provisions of the Forces Act.
He also declined an argument that the re-assignment of the ministerial responsibility on KMC must be preceded by the amendment of the Kenya Meat Commission Act.