William Ruto Takes on Judicial Independence, Asks Who Keeps Judiciary in Check: "What Happens"

 

President William Ruto has called on the Judiciary to exercise restraint in its rulings, especially in matters involving government policy, as he raised concerns over what he termed judicial overreach. President William Ruto urged the Judiciary to avoid judicial overreach.  Speaking during a ceremony at the Supreme Court building marking 12 years of the court's establishment on Monday, November 4, Ruto urged the Judiciary to avoid interfering with decisions made by other government arms. 

He expressed frustration, questioning how his administration is expected to implement its manifesto if court rulings continuously hinder policy initiatives.  "What happens with a government that has been elected on the basis of a manifesto? What is the place of a manifesto? A program that has been voted for by millions of Kenyans alongside a candidate and a party. What weight does the court put whenever there's a challenge on a manifesto? I would want to invite the court to think about it. 

How do you respond to litigants, individuals that challenge a policy and a manifesto position canvased among the citizens of Kenya, voted by the people of Kenya," Ruto stated Ruto argued that the Judiciary should weigh public interest and national priorities more carefully rather than, as he described, “playing to the gallery” with populist decisions that may undermine the administration’s vision for the country. 

What is Ruto's proposal on combatting judicial overreach? The head of state further lamented that some judicial decisions have not only halted projects but have also cost him politically. Ruto explained that while he has taken significant political risks to pursue the right thing, he feels the Judiciary’s rulings have, at times, thwarted these efforts. "You sacrifice your political capital to do the right thing, but then the court on the other side decides to be popular and undermine the agenda that you have," he added. 

In recent months, the Ruto administration has faced multiple legal battles, with the courts issuing rulings against some of the president’s key initiatives, citing issues such as constitutional violations. Ruto proposed establishing a mechanism to address potential judicial overreach, questioning who should hold the Judiciary accountable if it oversteps its boundaries. He argued that while the Executive and Legislature are subject to checks and balances, the Judiciary should also have a system to ensure it respects the mandates of other government arms. 

by  Didacus Malowa