Kenyan leaders, lawyers express anger over President Ruto’s remarks on Judiciary

A section of the country's top leaders, politicians and lawyers have come out to express their displeasure at President William Ruto’s continued attacks on the Judiciary.

This comes after President Ruto, in his address at a funeral in Nyandarua County on Tuesday, intimated that his administration would no longer follow court orders as he accused the Judiciary of taking bribes in order to sabotage the government.

“Our Judiciary, we respect you but judicial impunity by corrupt judicial officers must stop in Kenya...we’ll stop it and whatever it takes,” said the President.

“Ati watu wachache, wawili watatu wameenda kortini, wakahongana kortini mipango ikasimamishwa…barabara ikasimamishwa...Universal Health Coverage ikasimamishwa...mambo ya housing ikasimamishwa… lazima tuwe na mjadala.”

The remarks have brushed a way a host of the country’s leaders, most who now want the Head of State to commit to following the law and take back his words as they intimated that they were made in bad taste.

Siaya Governor and Senior Counsel James Orengo, taking to X (formerly Twitter) platform, blasted President Ruto and termed his statements as “infamy to our constitutional order.”

He added: “There is always a legal mechanism of overturning judicial decisions obtained by fraud or for cleaning a rogue judiciary. The office of the president has many tools, and disobedience of inconvenient court orders is certainly not one of them.”

According to Thirdway Alliance party leader and constitutional expert Dr. Ekuru Aukot, the President’s rant amounts to direct threats against the Judiciary as well as individual judges, presumably those who have made unfavourable rulings against the Kenya Kwanza administration.

“President William Ruto is directly threatening judges and undermining the other arm of government, the Judiciary. He is also complicit since he claims to have evidence of corrupt judges but does not want to share with the JSC! Under criminal law, he is culpable,” noted Aukot.

Prof. Makau Mutua, a law professor and the opposition Azimio la Umoja One Kenya coalition party spokesperson in the run-up to the 2022 elections, on his part advised Ruto to clean up the Judiciary instead of taking the route to defying court orders, which would only drive the country down a lawless path.

“The answer to a corrupt judiciary isn’t defiance of court orders. It’s comprehensive reform of the judiciary — removing corrupt judges, sacking/removing corrupt politicians/civil servants, dismantling colluding cartels in the bar, and jailing corrupt businesspersons,” he said.

Prof. Mutua’s sentiments were also shared by Senior Counsel Ahmednasir Abdullahi, a perceived President Ruto ally no less, who said that he has on numerous occasions advised the Head of State to initiate judicial reforms ever since he took office.

Grand Mullah, as he is popularly known, however went on to make allegations about corruption in the Judiciary during the previous government, even going further to tell the President that if he cannot undertake proper changes in the legal arm of government then he should also just give in and “bribe the judges yourself.”

He stated: “William Ruto should instead of disobeying court orders issued by corrupt/bribe taking judges follow the manual by Uhuru administration...bribe the judges yourself!”

Outspoken lawyer Miguna Miguna also chimed in on the issue, reminding Ruto that he “wouldn’t be President” without the very Judiciary he is now threatening since it upheld his election when it was contested.

He urged the President to follow the law in dealing with corruption at various cadres of government, and see to it that those individually found culpable face the music.

“Let me give President William Ruto a free but important advice: Stop threatening the judiciary. Stop threatening Kenyan litigants. Yes, there is corruption in every sector of the Kenyan society, including at State House where you reside and work,” he stated.

“These need to be dealt with in accordance with the law. Not through threats or extrajudicial means. Don’t listen to sycophants urging you to wield the sword. Those are autocratic enemies of the people. Restrain yourself. Don’t become a tyrant!”

Miguna added: “We have many lawful mechanisms of bringing about structural transformation of the Kenyan society. Use them. We have a plethora of strategies and tactics of wresting grand corruption in Kenya. But autocratic means are not among them. Avoid autocracy and those urging you to make the wrong turn. Because we still have enough patriotic Kenyans prepared and ready to sacrifice their lives in defense of the Constitution, democracy and the rule of law!”

STATEMENT BY OMWANZA OMBATI ON PRESIDENTS REMARKS ATTACKING THE JUDICIARY

Today, we stand at a critical juncture in our nation's history, as the remarks made by the President cast a shadow over the Judiciary. As Kenyans, we must collectively recall and remind our President that…

RUTO IN SEPT 2022: "I urge Mr Odinga to respect the ruling of the Supreme Court. The court has ruled that I won and he must respect the independence of the judiciary and rule of law."

RUTO IN JAN 2024: "I will defy the court ruling and continue with what I have started."

H.E @WilliamsRuto MUST OBEY court orders issued by corrupt/bribe taking judges. But he can/must remove corrupt/bribe taking judges from the judiciary. pic.twitter.com/SHbfBl5Jut

Judges don’t do corruption alone. It’s a web and an ecosystem of corruption involving ministers and senior civil servants, lawyers, legislators, and businesspeople. The whole system must be uprooted — by sacking every corrupt official — to defeat corruption in the judiciary.

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…

Getting more desperate by the day. Would he define the court that let his friend Rotich go free as being corrupted? Hope that courts DEFY his authoritarianism and public support the Judiciary. pic.twitter.com/h85ZBfkz5n

When the courts stopped Uhuru Kenyatta's BBI, President Ruto said it was God, now that the same courts have stopped his SHIF and Housing Levy scheme he accuses the Judiciary of being corrupt and that he won't obey them.
The hallmark of authoritarianism and dictatorship.
Hussein pic.twitter.com/NXMSS3Qd0A

Unless Kenya Kwanza is willing to target specific judges through a 'silver or lead' motivation strategy, there is nothing they can do to the judiciary. Hizo ni vitisho baridi. Kenyans will side with the judiciary, especially if the judiciary blocks new taxes and levies.

Didn't the same courts uphold his victory? Were they corrupt then? No one is above the law. Respect the judiciary!— K.TUK 🎩🔱 (@comradefyat) January 3, 2024