The High Court has been moved to urgently halt the appointment of Winnie Tsuma to the National Environment Tribunal and to suspend the enforcement of a disputed provision of the Gambling Control Act. The case has been filed by Katiba Institute, a constitutional advocacy group, which is seeking certification of urgency and the issuance of conservatory orders to stop Tsuma’s appointment from taking effect. The appointment was published under Gazette Notice No. 396 of 2026 and is scheduled to become effective on February 8, 2026.
Appointment Termed Unconstitutional
In its petition, Katiba Institute argues that the National Environment Tribunal is a subordinate court and should therefore fall under the administrative authority of the Judiciary, not the Executive. The institute maintains that members of such tribunals must be appointed through the Judicial Service Commission (JSC), in line with the Constitution. The petition names the Attorney-General, the National Assembly, and the Cabinet Secretary for Environment, Climate Change and Forestry as respondents.
Reliance on Previous Court Decisions
Katiba Institute points to binding court decisions issued in 2025 by both the High Court and the Court of Appeal, which ruled that executive appointments to tribunals undermine constitutional principles. According to those rulings, such appointments violate the separation of powers, judicial independence, and the right to a fair hearing. The institute argues that despite these clear rulings, the Executive has continued to make appointments to tribunals in disregard of the law.
Gambling Control Act Provision Also Challenged
Beyond Tsuma’s appointment, the petition also challenges Section 88(2) of the Gambling Control Act. The provision grants appointment powers to the President and a Cabinet Secretary over the Gambling Appeals Tribunal. Katiba Institute says this section contradicts well-established constitutional principles that place tribunals within the Judiciary’s administrative structure.
Call for Urgent Court Intervention
In its filings, the institute warns that allowing the appointment to proceed would normalize unconstitutional practices and weaken the authority of the courts. Katiba Institute further argues that remedies issued after the fact would be ineffective, since decisions made by an improperly constituted tribunal cannot easily be undone. It insists that immediate court action is necessary to safeguard constitutional supremacy, judicial independence, and the rule of law.
