Ruto praises Supreme Court for being ‘faithful custodian of our Constitution’

President William Ruto has praised the Supreme Court for what he describes as firmness in guiding lower courts and being “a faithful custodian” of the Kenyan constitution.

Speaking at the Supreme Court buildings in Nairobi during the commemoration of 12 years since the nation’s highest court was established, the President said the court has been emphatic in its dispositions and solving complex constitutional matters, making Kenyans confident that their rights are intact “and due process is indispensable.”

“It is, therefore, quite fair to say that the Court has stood as a faithful custodian of our Constitution, a defender of fundamental rights, and a pillar of democracy,” said Ruto.

Some of the Supreme Court’s verdicts in recent months have sparked criticism, the most recent being last week's ruling affirming the legality of the contentious Finance Act 2023, which the Court of Appeal had nullified.

In July, the appellate court declared the Act in its entirety unconstitutional, null, and void over a lack of public participation.

However, the seven-judge bench of the country’s top court last Tuesday overturned the ruling on the grounds that there is no law governing public participation.

Among those who criticised the Supreme Court is Law Society of Kenya (LSK) President Faith Odhiambo, who said the lawyers' body “respectfully disagree[s] with the approach taken by the court.”

“Expeditiousness of the legislative process cannot be said to override legitimate expectation and public interest, nor can Parliament be exempt from the need to rationalise their decision under the guise of the legislative process not constituting an administrative action,” Odhiambo said in a statement after the ruling.

Former LSK president Nelson Havi said the Supreme Court has become “the most pliable court,” accusing it of making rulings he called unreasonable.

Amid the backlash, however, Ruto on Monday said it would be “unduly pessimistic” to overlook the apex court’s “clear efforts to interpret the Constitution with wisdom, reinforcing pillars of democracy, justice, equality, freedom, good governance, accountability, and the rule of law.”

“There is no doubt that the Supreme Court has not been short of critics during the past twelve years; its decisions have been and will be debated and dissected vigorously, and in a number of cases, disagreement will linger for long,” he said.

Ruto said he was encouraged by what he called increased confidence with which various arms of government are collaborating to “break long-standing barriers to unlock the power of institutional synergy.”

He expressed his commitment and urged every government organ to support the Supreme Court as it leads the Judiciary in delivering justice.

“We must work in unity and with a singular sense of purpose to ensure that the Supreme Court remains a shining beacon of integrity, a trusted guardian of our rights and freedoms, a champion of the rule of law, and a leading force in producing progressive jurisprudence both in Africa and globally,” said Ruto.