5TH SEPTEMBER 2023
As a commission of Jurists, our attention has been drawn to the recent utterances by the Head of State, His. Excellency Dr. William Samoei Ruto concerning the Judiciary and individuals suspected of corruption.
In his inaugural address, we noted and observed that the President made unwavering commitments to uphold the rule of law and ensure that court decisions are respected and obeyed. In particular, he demonstrated this commitment by swiftly appointing the six judges to the Court of Appeal and the High Court. He also bolstered the allocation to the Judiciary by an impressive Kshs 4 billion, promising to increase the Judiciary’s annual budget by Kshs 3 billion annually.
However, we have recently noted with great concern the shift in the narrative of the Executive when the courts issued conservatory orders related to implementing the Finance Act. In response, the President publicly criticized the Judiciary, accusing it of obstructing the Executive’s development agenda. This is critique served as a catalyst, prompting Kenya Kwanza legislators to launch blistering attacks on social media against the Chief Justice and the entire Judiciary.
More recently, His. Excellency President William Ruto pivoted his anti-corruption campaign toward the Judiciary, warning certain Judicial officers he accused, without specifying names, of being complicit in a broader corruption network. This is stance contrasts sharply with his prior pardon of an individual facing serious corruption charges, potentially undermining the Nation’s anti-corruption efforts.
