The High Court has reversed President Uhuru Kenyatta’s decision to transfer the Kenya Meat Commission (KMC) from the Ministry of Agriculture, Livestock, Fisheries and Irrigation to the Ministry of Defence.
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.
When the President moved the ministerial roles of the KMC to the Ministry of Defence, he said the aim was to breathe new life into the cash-strapped State-owned firm.
The change, effected through an Executive Order, was also aimed at boosting meat sales, especially to the disciplined forces, banking on the strength of numbers in the military and a direct budget under the Defence department, which would eliminate payment delays.
But the LSK, through lawyer Hosea Manwa, termed the move irregular and a violation of the constitutional provisions of the law.
The lawyer argued that the responsibilities of the parastatal could not be transferred without an amendment of the Statute - cap 383 of the Kenyan laws – that created the commission.
He added that the President’s decision had major implications including the transfer of the budgetary allocation from the Ministry of Agriculture and Livestock to the Ministry of Defence.
The lawyer also said the decision was unconstitutional since both the Defence and Livestock ministries have their functions spelt out.
The LSK cited Section 8 (1) (b) of the Kenya Meat Commission Act which states that the functions of the commission include carrying on the business, on a wholesale basis, of butchers, dealers and merchants in livestock, as well as carcasses, fresh products, hides and skins.
It also includes poultry, ice and any other chilled, frozen or fresh foods of manufacturers and general dealers.
