President Ruto defends his attack on the Judiciary

William Ruto

President William Ruto speaks during the official handover of the Maraga-led Police Taskforce Report at State House, Nairobi on November 16, 2023.

Photo credit: Wilfred Nyangaresi | Nation Media Group

What you need to know:

  • The President said as a believer in the Constitution, he recognises the imperative to lead by example in defending our constitutional values.
  • Mr Odinga accused the President of trying to hijack the Judiciary by intimidating judges and magistrates not to hear cases against his policies.

President William Ruto has clarified and defended his attack on the Judiciary. In the wake of a barrage of criticism following his threat to disobey court orders issued by ‘corrupt judges’, the President has maintained that judicial impunity is unacceptable in Kenya.

On Wednesday, Chief Justice Martha Koome and Opposition leader Raila Odinga said that by defying the rule of law the Head of State would be setting the stage for anarchy.

But in his response, in a statement issued by State House, Nairobi, President Ruto said corruption, whether within the Judiciary, the Executive, the Legislature or the general public must not find refuge behind the shield of judicial independence.

"It is our duty to expose and hold accountable those who engage in corrupt practices whoever they maybe and wherever they are. It would be a dereliction of the President's oath of office, and a betrayal of the
people's mandate to allow their hopes and aspirations to be obstructed by corruption and impunity," President Ruto said.

In the statement that was signed by State House Spokesperson, Hussein Mohamed, the President also lambasted the Law Society of Kenya, saying it has no mandate to advise him on matters of constitution and independence of the Judiciary.

The Head of State further said the influence of vested interests and corrupt judicial officials must be countered.

"Historically, Kenya has been held back by a few corrupt individuals and those with vested interests who impede inclusive national development. This is a moment in history when our country has a chance to break free from the chains of impunity and realise the transformation mandated by the people and legislated by Parliament," the President said.

The President said as a believer in the Constitution, he recognises the imperative to lead by example in defending our constitutional values, including shielding Kenyan citizens from judicial misconduct perpetrated by corrupt officers colluding with vested interests.

The President's response came hours after Azimio la Umoja One Kenya leader Raila Odinga told the Head of State to respect other arms of government and cautioned him against interfering with the Judiciary.

Mr Odinga accused the President of trying to hijack the Judiciary by intimidating judges and magistrates not to hear cases against his policies, dismiss such cases or rule in his favour.

“It was my hope that after the turmoil and pain experienced in 2023, from which Kenyans are still deeply suffering, the Kenya Kwanza administration would begin this new year with much more reflection and humility that would raise hopes that important lessons had been learned and 2024 would be better. We were wrong,” Mr Odinga said.

The Opposition leader reiterated that he is ready to push the government to respect the rule of law and bring down the cost of living, saying Kenyans have made heavy and painful sacrifices in the past to establish a semblance of constitutional democracy and this year they will do the same.

“We have a plan this year to force the current government to address a number of issues affecting Kenyans,” Mr Odinga said. He told President Ruto to realise that his best insurance is to obey the law and there is no other way.

On Wednesday Chief Justice Martha Koome also warned President Ruto against threats to disobey court orders, saying the move is setting the stage for anarchy in the country.

In a memo to judges and judicial officers seen by the Nation, CJ Koome warned that when State or public officials threaten to disobey court orders, the rule of law is compromised and the stage is set for anarchy.
Without naming President Ruto, the CJ added that defying court orders is a breach of the public trust placed on State and public officers who should at all times act in a manner consistent with the constitution.

“In this regard, and in line with our corresponding constitutional duty to uphold the Constitution at all times, I call upon you to ensure that court orders are enforced and that judicial authority is unflinchingly upheld,” the memo read.