Opposition, Judiciary And The Law Society Of Kenya Call Out President William Ruto On Undermining The Judiciary
The Mt Kenya Times 
Chief Justice Martha Koome
By Sefu Sabila
Worth Noting:
- “The JSC has noted with concern that judges and judicial officers have been subjected to public criticism and vilification for issuing court orders that are perceived to be against state programmes and policies. The JSC wishes to reaffirm the independence and integrity of the judiciary as a co-equal arm of government and urges all judges and judicial officers to continue performing their judicial duties without fear or favour.” Justice Martha Koome said.
- In his statement, the Azimio One Kenya Alliance leader Raila odinga said the president’s remarks are unfortunate at a time when Kenyans had hopes of a relieving year, following a hard 2023. Responding to the remakes made by the head of state, the opposition leader states that the president is using threats to cover for his administration failures.
During his visit in Nyandarua county on Tuesday, President William Ruto fired his remarks towards the judiciary being led by corrupt judges. President Ruto said the judges are stopping his development agenda for the people of Kenya. In his remarks the president further said he will not allow few individuals to sabotage the programs of the government.
“Our Judiciary, we respect you but judicial impunity by corrupt judicial officers must stop in Kenya…we’ll stop it and whatever it takes,” he said.
Yesterday, the opposition leader Raila odinga, the Chief Justice Martha Koome and the Law Society of Kenya (LSK) president Eric Theuri strongly condemned the president’s remarks against the judiciary terming it as undermining the independence and functions of the judiciary and a scapegoating by the Kenya Kwanza government in failing to meet the interests of the people.
In his statement, the Azimio One Kenya Alliance leader Raila odinga said the president’s remarks are unfortunate at a time when Kenyans had hopes of a relieving year, following a hard 2023. Responding to the remakes made by the head of state, the opposition leader states that the president is using threats to cover for his administration failures.
“Yesterday, on the second day of the New Year, William Ruto hit the ground more haughty, abrasive, dismissive and dictatorial than we have ever known. It would have been easy to let Ruto’s threats against the Judiciary pass as those of a leader who is ever getting frustrated by the reality of imminent abject failure. Certainly, the threats that Kenya Kwanza regime continues to huff and puff about must be seen in their correct context – as a scapegoating and diversionary tactic from the pressing social and economic pressures that the regime has subjected the people to.” Mr. Odinga stated.
“It was my hope that after the tumult and pain experienced in 2023 and from which Kenyans are still deeply suffering, the Kenya Kwanza administration would begin this New Year with much more reflection and humility that would plant hopes that vital lessons have been learnt and 2024 would be better. We were wrong. “He further added.
The statement by LSK President Eric Theuri says the recent roadside attacks by the president towards the judiciary as a threat sabotage of the independence of the judiciary, saying it downplays the role of judiciary in contribution to the national growth. According to Theuri, the same judiciary still upheld the president win.
“It is imperative to remind our esteemed president that the judiciary through is impartial interventions has both nullified a prior presidential election and at another juncture uphold his very own election. This underscores the sacrosanct role of a robust independent judiciary in fostering national growth, stability and economic prosperity.” Mr. Theuri said.
The LSK President further called upon the president to lead by example through channeling any allegations made towards the judiciary to the Judicial Service Commission (JSC), and avail any evidence instead of tinting the whole judicial system on roadside shows. The LSK President urged the government to follow the channels in place to resolve legal disputes.
“Any allegations of corruption against Judicial officers must be channelled through the JSC and avoid arbitrary roadside declarations. We therefore call upon the president to avail any evidence of corruption of judges to JSC and avoid casting aspersions upon the entire judiciary. The rule of law requires the president to lead by example fostering a society where legal disputes are resolved through established channels not through public lynching.” He further stated.
In support of the judiciary, the Chief Justice Martha Koome said the constant attacks towards judiciary and any claims of impunity by judicial officials, should be channelled through the JSC and its independence as an arm of government should be respected; urging the judges to continue serving without fear and favour. The CJ attributes the current attacks towards the judiciary from the courts’ stand on the government latest reviews halted by the courts, and called upon the unsatisfied parties to access the other courts including the Supreme Court.
“The JSC has noted with concern that judges and judicial officers have been subjected to public criticism and vilification for issuing court orders that are perceived to be against state programmes and policies. The JSC wishes to reaffirm the independence and integrity of the judiciary as a co-equal arm of government and urges all judges and judicial officers to continue performing their judicial duties without fear or favour.” Justice Martha Koome said.
The opposition leader says the president remarks are a threat to the unity and democracy of the nation, with a indication of defiance against the judiciary and uncalled from the top office. The opposition leader reiterated on their stand on the supreme court’s decision on 2022 general elections, bug respected the courts ruling for the interests of Kenyans.
” But the subject of Mr. Ruto’s latest strange rage -the Judiciary-is too critical to the well-being of our country and our democracy, making it extremely important that we call Ruto out and tell him that he has crossed the line.Kenyans will recall that when the Supreme Court made its contemptuous ruling against Azimio la Umoja’s presidential election in 2022, we said we strongly disagreed, but accepted it in the interest of furthering the rule of law, democracy, stability and healing of our nation. ” Raila odinga said.
The opposition claims the president is always disobeying the court rulings, saying that the president has captured Parliament, where laws are passed without consideration for by MPs in one sitting, saying the current regime has no regard for the constitution of Kenya.
“It remains our position to date that disobeying court rulings is a sure path to chaos and the collapse of a nation. Mr. Ruto has captured Parliament and Bills now come straight from State House and get ratified by law makers. Sometimes, up to two bills are ratified in one afternoon. If there was ever any doubt about the malevolent intent of the Kenya Kwanza regime in regard to the Constitution of Kenya.” He added.
The former Prime Minister says president William Ruto is a beneficiary of the judiciary, as all cases laid against him, he was vindicated by the same judiciary is now attacking. Stating from attempts of prioir theory presidential bud with Uhuru Kenyatta over crimes against humanity, Kenya Pipeline land case among others, the judiciary acquitted him of the charges.
According to the opposition Chief, the recent attacks by the president towards judiciary is not about the judges but a plan to create a dictatorship and capturing the judiciary so as to have rulings in his favour or dismissed. Mr. Odinga saying the president intends to take the country in dark days of where the judiciary was controlled by the government undermining the independence and democracy of the judiciary.
yesterday’s attack by William Ruto on the Judiciary removes all the doubt. After executing a civilian coup in the election of 2022 and receiving backing from the Judiciary in the illegality, Ruto has now turned upon the institution he deceptively seduced with false assurances that he had credentials in the rule of law.
“Having captured parliament, Ruto now wants to intimidate, subdue and capture the Judiciary. He wants Judges not to hear cases against his policies, dismiss such cases or always rule in his favour. Ruto wants to establish an absolute dictatorship.Kenyans know we have been here before. We have seen days when judges heard cases in the dead of the night, way past official working hours and sent opponents of the state to jail. Kenyans know we have seen days when judges got transferred, sacked or, even got poisoned for delivering rulings that did not favour the State.” Raila Odinga explained.
“Kenyans have every intention to see to it that every text of the constitution that we promulgated in 2010 finds meaning in the manner in which we are governed every minute and day of their lives – and no sacrifice will be too much to pay to ensure this. Our Judiciary is imperfect. It has corrupt elements.” He added.
The opposition leader condemned the release of former Cabinet Secretary of Treasury Henry Rotich over the Kimwarer and Arror Dams in Elgeyo Marakwet county where eyhe tax payer lost Kshs 67 billion, the Kshs 17 billion fuel oil scam, Kshs 16.5 billion edible oils and the KCPE exam printing, where the executive is involved was not called out by the president.
But Ruto cannot convince us that the Judiciary is more corrupt than the Executive branch of government, which he leads. Corruption resides in the Executive. The worst case of Executive corruption of impunity right now is the acquittal of Mr. Henry Rotich over the Arror and Kimwarer dams where a whooping Ksh63 billion was lost. The Executive went all out to ensure witnesses were never summoned or those summoned were never questioned. The entire plot was to save Mr. Rotich and close the case. Ruto is not outraged by that. Ruto has not expressed anger at these deals because they belong to the Executive.” Former Prime Minister stated.
The former Prime Minister commending the service of the judiciary since the promulgation of the constitution in 2010, the judiciary has given rules in the recent years in favour of the people of Kenya. He called upon the judiciary to avoid the sidekicks by the president in delivering their ruling, instead stand firm in professionalism and independence and uphold the rule of law as articulated in the constitution, and any attempts by the president to sabotage the functioning and independence of the judiciary shall be stopped.
“Since the promulgation of the constitution of Kenya 2010, our Judiciary has proven to be an ingenuous arbiter in the social, political and economic tribulations that we have encountered as a people and presented to them. The courts have set the pace in clarifying the intentions of the people of Kenya expressed in the text of the constitution both for and against the government. In doing so, the courts have shown valour in their interpretation of the law and never shied from speaking truth to power when the occasion demanded it.” He reaffirmed.
“The Kenya Kwanza regime must therefore be no exception as Mr Ruto now imagines it should. We appeal to the Judiciary to stand firm in defense of professionalism, independence, the rule of law and constitutionalism. In this Judiciary, I see products of the old struggle against a vicious dictatorship. I trust that they will not allow judicial proceedings and decisions to be determined by Ruto’s tantrums.” He further explained.
The opposition leader further reaffirmed their trust and confidence in the judiciary saying, it’s an institution to help uphold the rule of law, stating that the remarks by the president against the judicial arm of government as unacceptable, and the president should obey the constitution.
“Ruto must learn that his best insurance is to obey the law. He must not depart from the book of the law to the left or the right. There is no other way about it and we will not allow him to invent any other way other than the law.” Mr. Odinga said.
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