NAIROBI, Kenya — Katiba Institute has moved to the High Court seeking urgent orders to stop the Cabinet Secretary for Environment, Climate Change and Forestry from appointing members to the National Environment Tribunal, accusing the Executive and Parliament of open defiance of binding court decisions and the Constitution.
In an urgent constitutional petition filed in Nairobi, the civil society organisation argues that the appointment of Winnie Tsuma to the National Environment Tribunal — set to take effect on February 8, 2026 — is unconstitutional and undermines judicial independence.
Katiba Institute says the move directly contradicts settled jurisprudence holding that tribunals are subordinate courts whose administration and staffing fall under the Judiciary through the Judicial Service Commission (JSC), not the Executive.
The petition cites a landmark 2021 High Court decision by Justice George Mrima in Okoiti v Judicial Service Commission & others, which declared that tribunal members cannot be appointed by the Executive without violating the separation of powers and the right to a fair hearing.
That ruling was upheld by the Court of Appeal on February 21, 2025.
Katiba Institute Moves to Court Over Unconstitutional Appointment of Tribunal Members:Katiba Institute has today (22.01.2026) moved to the High Court to challenge the continued defiance by the Executive and the Legislature of the Constitution and binding court decisions on the
The Institute further relies on a 2025 judgment by Justice Chacha Mwita, which declared unconstitutional provisions of the Environmental Management and Coordination Act that allowed the Environment Cabinet Secretary to appoint members of the National Environment Tribunal.
The court ruled that only the JSC has the mandate to make such appointments.
Despite these rulings, Katiba Institute argues, the Cabinet Secretary has proceeded with the contested appointment, prompting what it describes as a dangerous escalation of constitutional impunity.
“This is not an isolated incident,” the petition states, pointing to the recently enacted Gambling Control Act, 2025, which establishes a Gaming Appeals Tribunal and grants appointment powers to the President and a Cabinet Secretary — a framework the Institute says similarly violates constitutional principles.
Katiba Institute warns that unless the court intervenes urgently, the appointment will entrench illegality, weaken the authority of the courts 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.
The case has been certified as extremely urgent, with the petitioner arguing that continued disregard of court rulings threatens the rule of law, judicial independence and the integrity of Kenya’s multiparty democratic system.
