The Katiba Institute has turned to the High Court in Nairobi, asking judges to stop what it calls an illegal practice of appointing tribunal members by the Executive, arguing that such moves breach the Constitution and undermine judicial independence.
Filed on Thursday, January 22, 2026, the petition specifically targets the recent appointment of Winnie Tsuma to the National Environment Tribunal, claiming that only the Judicial Service Commission is legally authorized to make such nominations.
In addition, the petition challenges certain provisions of the Gambling Control Act, 2025, which give the President and a Cabinet Secretary the power to appoint members of the Gambling Appeals Tribunal.
Katiba Institute argues that tribunals form part of the Judiciary and that Executive appointments violate the separation of powers established by law.
The petition refers to a 2021 High Court ruling by Justice George Mrima in Okoiti v Judicial Service Commission & others, which found that tribunal appointments by the Executive infringe on the right to a fair hearing.
This ruling was later upheld by the Court of Appeal on February 21, 2025.
It also cites a 2025 judgment by Justice Chacha Mwita that invalidated sections of the Environmental Management and Coordination Act permitting the Environment Cabinet Secretary to appoint members of the National Environment Tribunal.
The judgment reinforced that only the Judicial Service Commission may make these appointments.
“This is not an isolated incident,” the petition states, noting that the recently enacted Gambling Control Act, 2025, establishes a Gaming Appeals Tribunal and grants appointment powers to the President and a Cabinet Secretary, similarly undermining constitutional safeguards.
Joshua Malidzo Nyawa, Advocate for Katiba Institute, flagged the matter as urgent, saying, “Article 4(2) of the Constitution proclaims Kenya as a multi-party democratic state founded on national values and principles of governance referred to in Article 10, including the rule of law, good governance and accountability.
Today, the Respondents have subverted these constitutional commands and demonstrated a headstrong contumaciousness born of bold impunity, open defiance, and a cynical disregard for the authority of the Constitution and the integrity of the judicial system.”
The lobby is seeking immediate court intervention to prevent Environment Cabinet Secretary Deborah Barasa from proceeding with Tsuma’s appointment, arguing that it would entrench illegality, weaken the courts’ authority, and cause irreparable harm to Kenya’s constitutional order.
The petition names the Attorney General, the National Assembly, and the Environment Cabinet Secretary as respondents, with Winnie Tsuma listed as an interested party.
