Petition filed to halt Winnie Tsuma’s appointment to National Environment Tribunal

The challenge has been filed by Katiba Institute, a constitutional watchdog, which wants the court to certify the case as urgent and issue conservatory orders freezing Tsuma’s appointment, published in Gazette Notice No. 396 of 2026, set to take effect on February 8, 2026.

The petition names the Attorney-General, the National Assembly, and the Cabinet Secretary for Environment, Climate Change and Forestry as respondents.

Katiba Institute argues that the National Environment Tribunal is a subordinate court that must be administered under the Judiciary, with appointments made by the Judicial Service Commission, not the Executive.

The institute says Tsuma’s appointment violates binding court decisions, including a High Court ruling and a Court of Appeal decision in 2025, which held that Executive appointments to tribunals breach the principles of separation of powers, judicial independence, and the right to a fair hearing.

The petition also challenges Section 88(2) of the Gambling Control Act, which allows the President and a Cabinet Secretary to appoint members of the Gambling Appeals Tribunal. 

Katiba Institute says the provision contradicts established constitutional law that places tribunals under the Judiciary’s administrative framework.

“The Respondents have treated the Constitution as optional and binding court decisions as disposable,” the petition states, warning that allowing the appointment to take effect would entrench illegality and weaken the authority of the courts.

The institute argues that post-judgment remedies would be inadequate because decisions made by improperly constituted tribunals cannot be reversed. It says immediate court intervention is needed to protect constitutional supremacy, judicial independence, and the rule of law.