Agriculture Cabinet Secretary Peter Munya has been taken to court over the transfer of the Kenya Meat Commission (KMC) functions to the Ministry of Defence.
Acting for the Law Society of Kenya (LSK), lawyer Manwa Hosea filed the suit terming the transfer as illegal and unconstitutional.
In its arguments, LSK says that the move is inconsistent with the Constitution of Kenya 2010 and the Kenya Meat Commission Act.
“The Ministry of Defence has no role on or representation in the Kenya Meat Commission as established under Section 3 of the Kenya Meat Commission Act and further that the Act does not envisage any role played by the Ministry of Defence and the formations under the Kenya Defence Forces (KDF) thus it is expressly disregarded from the operations of the Commission,” the petition reads in part.
According to LSK, the move amounts to commercialisation of the Ministry of Defence and the formations under the KDF which is inconsistent with the provisions of Kenya Defense Forces Act of 2012.
KMC is mandated to carry on the business on a wholesale basis of butchers, dealers and merchants in livestock and the carcasses, fresh products, hides, skins and offal thereof and in poultry, ice and any other chilled, frozen or fresh foods, and of manufacturers and general dealers.
On the other hand, according to the KDF Act, the KDF is responsible for the defence and protection of the sovereignty and territorial integrity of the Republic. It is also responsible for assisting and co operating with other authorities in situations of emergency or disaster and report to the National Assembly whenever deployed in such circumstances and being deployed to restore peace in any part of Kenya affected by unrest or instability only with the approval of the National Assembly.
“That the functions of Kenya Meat Commission as enumerated in the Act do not in any way have nexus to the defence and sovereignty of the Republic of Kenya to guarantee the supervision of the statutory activities of the Commission by the Ministry of Defence and Kenya Defence Forces,” adds the petition.
LSK now wants the court to issue conservatory orders stopping the transfer or implementation of the transfer announced on September 7, 2020.
“Continued implementation of the Executive Order herein is therefore unconstitutional, illegal and an impediment to the Rule of Law; the right to equal application and protection of law,” adds the petition.