Defiance of court orders: How President Ruto could be following in Uhuru's footsteps

When President William Ruto was sworn in as the fifth President of the Republic of Kenya, he swore to protect the 2010 Constitution and uphold judicial independence.

His first order of business was to appoint six Court of Appeal Judges that his predecessor Uhuru Kenyatta had declined to appoint on grounds that there were adverse reports against them from the intelligence service.

During the swearing-in of the Judges at State House in Nairobi, President Ruto said he will do anything within his powers to make sure that the country is governed by the rule of law and not the rule of man.

“Kenya can only be better if we become a country of the rule of law. Anything else leads to anarchy and confusion. We are all equal before the law,” he said then.

“Even as President I have limitations and I should respect them, just like all other arms of government have limitations. We must all live within our mandates… It is the rule of law, not the rule of man.”

This move endeared him to many Kenyans and legal practitioners who saw him as a messiah who had come to rescue the country from the dragon of disregard of court decisions and settlement of decrees.

With this new approach, President Ruto was walking away from his predecessor, who was accused of showing disdain for court orders and judicial officials.

On several occasions, Uhuru’s administration defied court decisions, a move that prompted former Chief Justice David Maraga to call him out. 

“They are trying to control the Judiciary...They want to make us puppets...Some CSs are saying I will go before the year ends, kumbe hii Kenya ina wenyewe...I don’t serve under the mercy of anybody,” Maraga wailed at the footsteps of the Supreme Court in an address that drew a myriad reactions.

And when the High Court declared his Building Bridges Initiative (BBI) pet project unconstitutional, null and void, Uhuru termed it an irresponsible ruling meant to undermine the will of Kenya’s people.

“From nullification of a presidential election in 2017 to an attempt to stop the will of the people as expressed through BBI, the Judiciary has tested our constitutional limits,” Uhuru said then.

“Their decisions must consider the letter of the law, but fundamentally the spirit of the law must also guide them. And I say so because the spirit of the law is the light that will illuminate the burden of the choices they make.”

Sixteen months into his presidency, Ruto has changed the talk and has now declared war on judges and judicial officials he terms as “corrupt” and being used to derail his government’s agenda.

“Those who are trying to stop me have benefited by working with corrupt judicial officials to ensure that my projects are derailed but I will not be intimidated,” President Ruto said on Tuesday.

“Judicial impunity must stop in Kenya...we will stop it..ati sasa hii barabara mahakama imesema tusijenge...tungoje Judiciary mpaka ituambie tujenge.... bwana PS weka pesa kwa hii barabara tuanze kazi.”

This comes a month after a three-judge bench of the High Court declared the housing levy championed by President Ruto as unconstitutional. 

Judges David Majanja, Christine Meoli, and Lawrence Mugambi ruled that the introduction of the hefty 1.5% levy was discriminatory since it imposed taxes on salaried Kenyans and excluded those working in the informal sector.

The President has intimated that he may just stop following court orders that perceivably derail his administration’s plans, causing massive uproar from both the political as well as legal fraternities of the country.

This path, constitutional lawyer like Miguna Miguna now opine, could very well lead President Ruto down the same path his predecessor Uhuru followed. 

Despot Uhuru Kenyatta threatened the judiciary, withdrew security for some, withheld funding and refused to swear in 6 others because they had refused to do his bidding. Immediately upon being sworn in, President @WilliamsRuto appointed judges whom despot Uhuru Kenyatta had…— Dr. Miguna Miguna (@MigunaMiguna) January 3, 2024