Courts should keep off politics, State programmes, Ruto says

President William Ruto yesterday implicitly addressed the removal of his former deputy, Rigathi Gachagua, and expressed concerns about the Judiciary’s perceived interference in government initiatives.

Ruto urged the Judiciary to exercise restraint, arguing that judicial actions should support the country’s shift towards issue-based politics rather than ethnic or personality-driven agendas.

Gachagua was impeached by the National Assembly and removed from office by the Senate, following accusations of promoting ethnic divisions.

“The Judiciary must consider the place of manifesto-driven governance that citizens vote for,” Ruto remarked. “How do we steer the political conversation towards programme, policy, and agenda, rather than ethnicity and personality? And what role does the court play in supporting this shift?”

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In his remarks at the swearing-in of his new Deputy President, Kithure Kindiki, Ruto reflected on the challenges of promoting the Kenya Kwanza administration’s vision to the public.

He highlighted the importance of consolidating national development programmes rooted in electoral mandates, while the government seeks to address a series of court cases filed against key initiatives, including the universal health cover, housing programme, and provisions of the Finance Act 2023.

“The courts must weigh decisions with public interest in mind. How do we strike a balance between public interest and populism?” Ruto queried.

In Gachagua’s impeachment case, currently before the courts, the National Assembly and Senate have argued that the removal of a deputy president is a political process and not subject to judicial intervention.

However, High Court Justices Eric Ogola, Anthony Mrima, and Freda Mugambi ruled that the court has the authority to hear cases involving the removal of a deputy president.

Ruto cautioned against “judicial overreach,” underscoring the need for each arm of government to operate independently without interfering in the affairs of others.

“As the Executive, we are committed to respecting judicial independence,” he said, “but what happens when we face judicial overreach? Who will resolve this?”

The President’s comments came during the Supreme Court of Kenya at 12 Conference in Nairobi, marking 12 years since the establishment of the Supreme Court.

He was joined by Deputy President Kindiki, Prime Cabinet Secretary Musalia Mudavadi, Nairobi Governor Johnson Sakaja, Chief Justice Martha Koome, and Deputy Chief Justice Philomena Mwilu.

Ruto emphasised the importance of collaboration among the three branches of government, saying, “No institution can operate in isolation.”

However, he also noted the lack of mechanisms to address judicial overreach and stressed the need for the Judiciary to avoid encroaching on executive and legislative matters.

“As we, the Executive, restrain ourselves from interfering in the Judiciary’s purview, we expect an equally high level of restraint from the Judiciary regarding matters within the other branches’ domains,” he added.

President Ruto reiterated the government’s commitment to a Supreme Court that upholds integrity, safeguards rights and freedoms, champions the rule of law, and contributes to progressive jurisprudence in Africa and beyond.

He announced that the Executive, in consultation with the Legislature and Judiciary, would support the expansion of court infrastructure and capacity in the upcoming national budget.

Reflecting on the Supreme Court’s critical role in maintaining stability, Ruto cited the 2007 post-election violence, noting that the Court has since helped restore public confidence in Kenya’s democratic institutions.

“The jurisprudence developed by the Supreme Court has strengthened our constitutional framework, clarified the law, stabilised policy, and addressed the expectations of the Kenyan people,” he said. “Twelve years on, it is hard to imagine Kenya without the Supreme Court.”

Deputy President Kindiki urged the Judiciary to define a clear balance between public and national interest, warning that public mobilisation for the wrong reasons could threaten national stability.

Chief Justice Koome called for political solutions to political problems, saying the Judiciary should be a “last resort” for politicians.

She assured Kenyans of the Judiciary’s dedication to justice, constitutional guardianship, and the rule of law.

“The Supreme Court of Kenya will remain rock-solid as a constant guardian of the Constitution and the rule of law,” she affirmed.

Prime Cabinet Secretary Mudavadi encouraged all branches of government to collaborate, saying, “While the arms of government are independent, we serve the same people.”

Nairobi Governor Sakaja praised the Judiciary’s role in bolstering Kenya’s position as an attractive investment destination, noting that a strong judicial system increases investor confidence.