BY SAM ALFAN.
President William Ruto’s threat to ignore court orders has attracted heavy criticism from across sections of Kenyans, who termed the remarks as unfortunate and a direct threat towards judges.
Lawyers and politicians united in condemning the threats, wondering what has changed with Ruto who had vowed to defend the independence of the Judiciary when he took over power in 2022.
Ruto appears to have been angered by court decisions stopping the implementation of key projects among them the housing levy, implementation of Social Health Insurance Fund, blocking appointments of chief administrative secretaries.
Law Society of Kenya Vice President Faith Odhiambo said the attacks on our Judiciary not only challenged its independence but also undermined the very essence of the country’s constitutional framework.
“It is imperative to recognize that the Judiciary, as a pillar of democracy, plays a pivotal role in upholding the rule of law. The Law Society, unwavering in its commitment, strives to ensure that the sacred principles of the rule of law prevail. Our dedication extends to the steadfast accountability of judicial officers, untainted by the influence of political pressures that may seek to compromise the integrity of our legal system, “said the LSK vice president.
Lawyer Miguna Miguna added his voice saying, “Stop threatening the judiciary and reminding the president that without the judiciary, he wouldn’t be president.”
Lawyer Omwanza Ombati who is seeking to represent LSK to the Judicial Service Commission condemned the president’s statement saying the remarks made by the President cast a shadow over the Judiciary.
Lawyer Omwanza said it is imperative to recognize that the judiciary, in exercising its constitutional duty, has occasionally halted government projects and this action is not borne out of a capricious desire to thwart progress but stems from a rigorous and unwavering commitment to uphold the Constitution. When these projects are found to transgress the boundaries set forth by our Constitution, it is the judiciary’s sacrosanct responsibility to intervene. This is not an attack on the executive; it is a defense of the rule of law.
He added that if the President finds himself aggrieved by the outcomes of judicial proceedings, there exists a clear and constitutional path forward. He may choose to appeal against these rulings through the mechanisms provided within our legal framework.
“Furthermore, it is perhaps prudent for the President to reassess the counsel he receives. Kenya is a nation blessed with legal minds of the highest caliber, many of whom would offer sound advice for a fee. The counsel of the Attorney General, a position of great import and responsibility, should be reflective of the highest legal acumen,” said Omwanza.
Lawyer Peter Wanyama who is vying for LSK President said President Ruto’s statement that he won’t obey court orders is extremely dangerous.
Lawyer Wanyama president is a product of a court case. His victory was conscientiously confirmed by the Supreme Court. One would expect that he would understand the importance of court processes and orders.
Moreover, it completely damages the core of the rule of law when a sitting president in a country with a liberal democratic Constitution- publicly and contemptuously states that he will not obey court orders. Moreover, it sets a very bad precedent in the bureaucracy because government officials will simply follow the President’s dictation and refuse to obey court orders.
“The result will be chaos in the polity. It will kill public law litigation. The president is not above the law. He should run a government that follows the rule of law fabric. All they need to do is comply with the Constitution and law when governing. No judge will issue an order to stop a constitutionally compliant process. Broadly, an independent judiciary is the bulwark of a growing democracy,” says Wanyama.
He added that a system where the judiciary does not function because its orders are openly disobeyed by the president is a dictatorship. We can’t allow Kenya to follow this path.
Lawyer Njoki Mboce condemned president utterances saying the Country is Slipping down the Grease Pole into A Dictatorship and we Must Defend Our Constitution.
He added the president directed Principal Secretary Mbugua to disobey court orders that he claims are stalling his development plans.
She said government officials are reminded to treat such declarations as mere huffs and puffs. This is because article 135 of the Constitution requires that decisions of the President in the performance of any function of their office under the Constitution shall be in writing and shall bear the seal and signature of the President.
“In essence, the President is calling for an overthrow of the constitutional order and inviting anarchy. Unfortunately, and shocking as it was, this is not the first of such remarks by the President,” said Mboce.
She said the President should remember that when the 2022 presidential election was challenged, this was the same Judiciary that determined and declared him president and the Constitution of Kenya guarantees us the Rule of Law. This presupposes the absence of arbitrariness.
