President Ruto should be impeached for defying court orders - TISAs Diana Gichengo says
The national coordinator of The Institute for Social Accountability
(TISA), Diana Gichengo says President William Ruto should
be impeached for his defiance of court orders and attacks on the judiciary in
recent months.
Ruto has mounted a war against the judicial arm of the government, accusing
it of sabotaging his administration’s agenda. He has even vowed to disregard court orders he says are motivated by ‘judicial
impunity’.
His
defiance and attacks, which stem from recent court orders halting projects the Kenya Kwanza government intends to implement after legal challenges, saw
Chief Justice Martha Koome speak out on Monday, warning that Ruto’s
administration is setting up the country for chaos and anarchy.
According
to the TISA national coordinator, politicians, including the president, who do
not heed court orders should be removed from office because their posts are constitutional
and thus their holders are bound by the rule of law.
“The statement by the judiciary yesterday
was spot on and I hope the executive will heed; I think it is time we recalled the
few members of parliament who are out there mobilising people to ignore court
orders,” Ms Gichengo said on Tuesday.
“Even the president should be impeached
for such callous behaviour. What are you ruling us on if you tell us to disregard
the Constitution?”
Gichengo who spoke on Citizen TV’s Day Break program noted that the suspension of government initiatives which did not follow the right legal procedures does not warrant the executive’s attacks on the courts and judges.
“Just because of a few decisions that
were rushed in parliament, the judiciary that is not under the direction of anyone
decides to protect the constitution and the people… Those of us who appear
before those courts for constitutional matters go there because the constitutional
matters are being violated by the executive and parliament,” she said.
On
Monday, CJ Koome warned that if the Kenya Kwanza administration’s disregard for
court orders is allowed to continue, the country will be plunged into a
constitutional crisis.
“It is
regrettable that the leadership of the executive and legislature in their
recent public declarations have threatened not to obey court orders. These
threats and declarations are extremely serious and a monumental assault on the
Constitution, the rule of law and the very stability of the nation and can lead
to chaos and anarchy in our motherland,” Koome told a media conference.
“The
declaration that they will no longer obey Court Orders and the subsequent
actual defiance of the orders granted by the courts are untenable and amount to
contempt of court. Allowed to continue unabated, we are on the precipice of a
constitutional crisis that can lead to untold civil strife. The Judiciary and
JSC cannot countenance this and will not be part of it.”
Among
the court orders which have sparked anger from
President Ruto are the halting of a new social health scheme, a housing levy,
the privatisation of 11 government parastatals, the rollout of the Maisha Namba
project and the privatisation of the Mombasa and Lamu ports among other
projects that the Kenya Kwanza government intends to implement.
Additionally,
Ruto’s deputy, Rigathi Gachagua has said he is seeking the removal of Justice
Esther Maina from office, accusing her of tainting his image by unceremoniously declaring his fortune
proceeds of crime in a past court ruling.
But
Koome said the decisions of a judge made in the course of the discharge of
judicial function cannot be questioned except through judicial review
or appeal.
“A
judge is not liable in an action or suit in respect of anything done or omitted
to be done in good faith in the lawful performance of a judicial function,”
said the CJ on Monday.
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