To Ruto, judges were impartial a year ago but today they are cartel

When he ascended to the presidency in 2022, President William Ruto was full of praise for the Judiciary for upholding his win in a petition by opposition leader Raila Odinga.

He flattered the Supreme Court judges for their "impartiality and patriotism," declaring that Kenya's democracy was coming of age.

Throughout his tumultuous second term with former President Uhuru Kenyatta, Ruto came across as a fan of the courts. It was mostly because they thwarted the Building Bridges Initiative constitutional amendment push.

Uhuru was the opposite. He hated the Judiciary's guts and laboured little to conceal the fact. He frequently clashed with former Chief Justice David Maraga and his administration ignored court orders.

And Ruto would promise to be different. As a commitment to respecting the Chief Justice Martha Koome-led Judiciary, the president appointed six judges that Uhuru rejected on his first day in office. 

But barely into his second year in office, the President seems to be picking his former boss' cue. His rant on Tuesday, which had him vowing to ignore court orders against his Kenya Kwanza administration's policies, painted him as one rethinking his views on nurturing a "robust democracy," and keen to force his way.

In his tirade, Ruto claimed his detractors had bribed judicial officers to overturn his policies, some of which, like the controversial housing tax that the High Court nullified, have earned widespread criticism.

"We are a democracy. We will protect the independence of the Judiciary; what we will not allow is judicial tyranny and impunity," the Head of State, said in Nyandarua.

His remarks have mostly earned criticism, even as some endorse Ruto's assertion of corrupt judicial officers.

Opposition chief Raila has warned that disobeying court orders by the Executive as advocated by President Ruto was a sure path to chaos and collapse of a nation.

"Kenyans will recall that when the Supreme Court made a contemptuous ruling against Azimio la Umoja presidential election petition in 2022, we said we strongly agreed in the interest of furthering the rule of law, democracy and healing of our nation. It remains our position to date that disobeying court rulings is a sure path to chaos and the collapse of a nation.

Raila said Ruto has already captured Parliament such that the Bills that are now coming straight from the State House get ratified by lawmakers and at one point two Bills were ratified in one afternoon.

"I wish to remind Mr Ruto in an era not too long ago we stopped a dictatorship that was more entrenched both locally and abroad. We will stop Ruto too," he said.

Law Society of Kenya (LSK) National Council Member Harriet Njoki Mboce termed the president's statements as "naked threats to judges, the rule of law and express provisions of the Constitution."

"This is a clear hallmark of authoritarianism. Kenya is not a dictatorship," she said.

Siaya Governor James Orengo said the remarks were "infamy to our constitutional order."

"The office of the president has many tools and disobedience of inconvenient court orders is not one of them," he posted on X. "But every citizen, including public officers, have the power to defy illegal orders from their superiors."

Nyamira Senator Okong'o Omogeni said the president's remarks were aimed at intimidating the Judiciary ahead of the housing levy appeal due for hearing on January 14.

"I urge the Judiciary to stand firm and not to bow down to the threats of William Ruto. Kenya is a democracy with a constitutionally limited government that is subject to the jurisdiction of the High Court. Any attempt geared towards disregarding court orders is to invite anarchy and Ruto should be prepared for such eventuality if he goes that route," said Omogeni.

Rarieda MP Otiende Amollo said Ruto was "coming out in his true colours," an apparent reference to the autocratic tendencies the opposition has accused him of harbouring.

"Court orders mean nothing to him. Hope CJ Martha Koome will reconsider the soft approach to this regime and assert the full authority of courts. If this is not done, he will rig (the) 2027 (presidential election) and disobey Supreme Court orders contrary," Amollo posted on X, formerly Twitter.

Lawyer Waikwa Wanyoike promised a robust continuation of public interest litigation, stating that the Constitution demands a "culture of justification on every aspect of (the) exercise of public power."

Lawyer Ahmednasir Abdullahi, who has previously warned of systemic corruption within the Judiciary, said that the president must obey court orders.

"But he can/must remove corrupt/bribe-taking judges from the Judiciary," he posted on X.

It was not the first time Ruto spoke strongly against court orders. A few weeks ago, he termed those who challenged the Finance Act 2023 as "crooks," stating that he would fight back.

The Commander-in-Chief's remarks then were deemed a threat, with Busia Senator Okiya Omtatah terming them a direct threat to his life. The LSK, among other stakeholders, also faulted the president's warning, vowing to keep challenging actions that offended the law.

Months ago, businessmen with court cases invited the president's wrath when he fumed and summed up his frustrations with the infamous "mambo ni matatu" phrase, when he threatened "jail term, deportation and a trip to heaven."

Days after he was allegedly kidnapped in Nairobi, businessman Jaswant Singh Rai withdrew court cases he had filed challenging the running of Mumias Sugar Company. The president had issued a direct warning to those with cases against the crippled sugar company, amid a State revival plan.

In his quest to stamp authority across all arms of the government, Ruto has moved to place Parliament under his thumb. Like his predecessors, the president has been keen to ensure his policies pass in Parliament and has rallied his allies, the overwhelming majority in the august House, to stifle any opposition.

But things went a notch higher during the debate on the Finance Bill last year when Ruto warned Kenya Kwanza MPs against opposing it.

Also in his crosshairs is the opposition. At the start of his presidency, Ruto championed a strong opposition to check his government's excesses. He had an apparent change of heart early on and has worked to weaken the opposition Azimio la Umoja-One Kenya, wooing its members to his fold.

Raila has opposed the onslaught on Azimio, accusing his nemesis of attempting to entrench a dictatorship. The president has also been accused of clamping down on the opposition by unlawfully thwarting its anti-government demonstrations.

University lecturer Gitile Naituli faulted the president for his attacks on institutions and the opposition.

"When the National Health Insurance Fund fails, you blame the 'fake hospitals and fake doctors.' When you fail to adhere to the Constitution, you blame the courts and 'corrupt' judges. When critics and opposition put you to task, you blame them for being fundamentally wrong. Who are you?" Prof Naituli posed.