President William Ruto has urged the Judiciary to exercise restraint on national and public interest matters to prevent groups and individuals whose aim is to advance their sectarian agenda.  

The President stated that the line between public interest and populist politics can be blurred, noting that Kenyans live in a complex and dynamic era characterised by agendas pushed through social media and anonymous individuals.

Speaking during the opening ceremony of the inaugural Supreme Court Conference and Exhibition on Monday, November 4, to mark the court’s 12 years of existence, the President said the Judiciary has a role to play in helping the country curb politics of personality, ethnicity, and populism and promote politics based on issues and programs.

“How do you respond to litigants and individuals who challenge a policy and a manifesto position canvassed among the citizens and voted for by the people of Kenya?” he questioned.

Since the beginning of the year, the health of Judicial independence has come under scrutiny.

In January, President Ruto had been locked in a row with the Judiciary, threatening to disobey court orders restricting his flagship policies and accusing judges of corruption. He threw jabs at the Judiciary, accusing it of making decisions against state policies at the expense of the public interest.

The President’s remarks were criticised by various criminal justice figures, including the Chief Justice, Kenya Magistrates and Judges Association, and the Law Society of Kenya (LSK). They argued that his utterances were meant to interfere with the separation of powers and Judicial independence, intimidate judges, and diminish trust in the Judiciary.

In response, Chief Justice (CJ) Martha Koome warned of a risk of anarchy if the Judiciary’s independence was not respected.  

Critics viewed the President’s comments as an assault on the very essence of the country’s constitutional democracy. They said they suggested a disregard for individuals’ right to approach the courts when aggrieved and the right to have disputes heard and determined.

The concern was that when high-ranking officials like the President violate or ignore court orders, it erodes Judicial authority, undermining the entire constitutional order.

On Monday, President Ruto said that governments are elected based on a manifesto and stressed that this should carry more weight in court.  

He defended the principle of separation of powers and the need for checks and balances, stating that they must be respected to prevent overreach and interference.

“While there is a remedy for the overreach of the Executive arm of government, there is no remedy for Judicial overreach and interference. What happens when we have a Judicial overreach and Judicial interference? Who will help us resolve it?” President Ruto asked.

In addition, the Head of State said that while the Executive is committed to refraining from interfering in matters under the purview of the other arms of government, the Judiciary should also restrain itself from interfering with matters within the purview of other government branches.

However, during the ceremony, CJ Koome called for the building of strong and robust institutions that will serve as catalysts for national progress and development.

She noted that the establishment of the Supreme Court as the ultimate interpreter and guardian of the Constitution embodies the expectation that the court will provide stability, certainty, and predictability in resolving the inevitable conflicts that arise within society.

The Judiciary, specifically through the Supreme Court, has played a transformative role, shaping the country’s jurisprudence and socio-political development with landmark judgments that have influenced the daily lives of Kenyans while reinforcing the core principles of democracy.

Cases in point include the landmark advisory opinion on devolution and the relationship between the bicameral houses of Parliament. The Supreme Court developed guiding frameworks that clarified interactions between the National Assembly and the Senate, reinforcing devolution as a cornerstone of the country’s transformative Constitution.

Additionally, by defining the parameters for constitutional amendments in the Building Bridges Initiative (BBI) case and establishing principles of public participation in the British American Tobacco (BAT) and Finance Act, 2023, cases, the court’s jurisprudence has strengthened the democratic foundations of governance and harmonised the Judiciary’s benchmarks on the area of public participation that still requires Parliamentary action.

Political problems require political solutions 

The CJ also noted that political disputes need political solutions to be settled. She advocated for Alternative Dispute Resolution (ADR) to resolve disagreements between political opponents.

She appeared to be responding to recent claims that the Judiciary was compromised in relation to the impeachment case against former Deputy President Rigathi Gachagua. The CJ then called for alternative dispute resolution systems to settle disagreements between political opponents. According to her, the Supreme Court is dedicated to providing legal solutions to the nation’s political problems, even if it has the authority to hear cases involving governance, the use of political power, and petitions for presidential elections.