President William Ruto promised his administration would comply with court orders, vowing a break from the past, but his government now stands accused of violating judicial decrees.
During the 2022 election campaigns, Dr Ruto pledged restoration of constitutionalism, strengthening of the rule of law and obedience of court orders if elected to high office. But a year into his Kenya Kwanza administration, the president had already started waging a war on the Judiciary.
Furious at what he termed a scheme to derail his pet policies—including the housing levy and universal health coverage—through court injunctions, the president in late 2023 attacked judges, issuing the “mambo ni matatu” threat : for them to leave the country, face imprisonment, or embark on a metaphorical journey to heaven.
“It is not possible that we respect the Judiciary while a few individuals who are beneficiaries of corruption are using corrupt judicial officials to block our development projects,” President Ruto said. “What happens when we have judicial overreach and judicial interference? Who will help us resolve it?” he asked.
President Ruto stepped up the attacks on alleged corrupt judges in January 2024 after the court’s declaration that the housing levy was unlawful, an order that the government was accused by the Law Society of Kenya (LSK) of disregarding by continuing to collect the levy.
“The Kenya Revenue Authority and other government agencies have, despite the declaration of Section 84 as being unconstitutional, continued to deduct the Housing Levy. There is no legal basis to deduct the Housing Levy and this action amounts to contempt of court and arbitrary imposition of tax,” LSK said in a statement at the time.
Since then, contempt applications against State officers accused of defying court orders continue increasing in number.
“Obedience of court orders is not optional, regardless of the office one holds,” one judge stated.
Petitioners, led by Kirinyaga Senator Kamau Murango, allege that two shipments valued at Sh5.5 billion were cleared at the Port of Mombasa late last year, despite a temporary order issued in August placing the rice imports programme under judicial supervision.
“These clearances constitute fresh acts of contempt,” the petitioners argued, claiming the imports harmed local rice farmers who have the commodity in their stores.
Treasury Cabinet Secretary John Mbadi (left) and Kenya Revenue Authority Commissioner General Humphrey Watanga.
Photo credit: Nation Media Group
They further accused the government of ignoring express judicial limits and demanded that Mr Mbadi, KRA Commissioner-General Humphrey Watanga and Customs Commissioner Lilian Nyawanda be cited for contempt.
The government disputes the claims, warning that blocking imports would trigger shortages and price spikes, given that domestic production meets less than 20 per cent of national demand.
The High Court has since suspended a December 2025 Gazette notice extending the import window and ordered KRA to detain the consignments pending a ruling later this month.
Petitioners argue the government published a new Gazette notice to circumvent the earlier one frozen by the courts, and to avoid the requirement to seek the judge’s clearance of the imports.
It’s a trick the government was accused of resorting to in 2024 after the High Court banned the deployment of Kenyan police officers to Haiti.
President Ruto announced that he and Haiti Prime Minister Ariel Henry had witnessed the signing of reciprocal agreements between the two countries, but questions were raised how the pacts could circumvent the court’s ruling.
“What is emerging is that William Ruto does not care about the rule of law or the Constitution of this country,” opposition politician Ekuru Aukot, who had filed the petition against the deployment, said as he vowed to lodge a case “for contempt of court”.
A statement by LSK President Faith Odhiambo demanded that President Ruto, then Interior Cabinet Secretary Kithure Kindiki and then Inspector-General of Police Japhet Koome obey the court order.
“It has come to our attention that despite the court orders, the government has sanctioned the deployment. While it is reported that the CS Interior and the former Haitian Prime Minister executed a bilateral treaty purportedly authorising the intended deployment of Kenyan police officers, the Law Society of Kenya is compelled, in defence of the rule of law, to point out that the legal requirements, as interpreted by Justice C. Mwita, have not been met. Therefore, any move to deploy police officers to Haiti is unconstitutional and illegal,” Ms Odhiambo stated.
The Kenyan government went ahead to deploy the first contingent of police officers to Haiti in June 2024.
Environment Cabinet Secretary Deborah Barasa is also in a legal storm following the appointment of Ms Winnie Tsuma to be a member of the National Environment Tribunal.
Environment Cabinet Secretary Deborah Barasa.
Photo credit: Dennis Onsongo| Nation Media Group
This decision came in the face of a February 2025 judgment that placed the role under the Judicial Service Commission (JSC), and nullified amendments to the Environment Management and Coordination Act that granted the Cabinet Secretary powers to appoint the tribunal’s members.
The systemic disregard for judicial decrees is further exposed by unpaid court awards stretching back decades.
Last year, the Attorney-General faced contempt accusations for allegedly failing to settle a Sh1.9 million award issued over 30 years ago.
“It is evident that the Office of the Attorney-General was aware of the matter from the beginning,” Justice Alice Bett stated, condemning prolonged non-compliance.
Inspector-General of Police Douglas Kanja has previously been accused of defying orders to reinstate the security for former CS Justin Muturi.
Inspector-General of Police Douglas Kanja.
Photo credit: File | Nation Media Group
“It is the unqualified duty of every person against whom an order is issued to comply,” Mr Muturi argued in court, warning that disobedience erodes judicial authority.
Justice John Chigiti dismissed budget constraints as an excuse, ruling that seven-year delays amounted to refusal to comply.
Interior and National Administration Principal Secretary Raymond Omollo.
Photo credit: Pool
Interior PS Raymond Omollo and Environment PS Festus Ng’eno also faced contempt proceedings over unpaid compensation for shootings and accidents dating back to the early 2000s.
The pattern extends beyond ministries. Last week, Busia Senator Okiya Omtatah filed an application for the punishment of the Director-General of the National Environment Management Authority, Dr Mamo Boru Mamo, for contempt.
Dr Mamo allegedly defied conservatory orders halting the Southlands Affordable Housing Project by issuing an environmental impact assessment license for the project. The application is pending determination.
One of the most consequential episodes of disregard for court orders occurred last year when gospel artiste Reuben Kigame sought court permission to privately prosecute senior security officials over deaths during the 2024 Gen Z-led protests. His petition targeted Interior CS Kipchumba Murkomen and the police chief.
The case highlighted broader judicial concerns over the State’s failure to investigate or prosecute officials accused of serious violations. Mr Kigame also accused the Director of Public Prosecutions of inaction despite overwhelming evidence of police brutality, abductions and killings.
Citing a July 2024 report by the Kenya National Commission on Human Rights, he argued that at least 39 people were killed, hundreds injured and dozens abducted during the protests.
“The killings and abductions were not isolated incidents but formed part of a widespread and systematic attack directed against a civilian population,” Mr Kigame stated in court papers, referencing the International Crimes Act.
Controller of Budget Margaret Nyakang'o.
Photo credit: Jared Nyataya | Nation
Elsewhere, in early 2025, Controller of Budget Margaret Nyakang’o was accused of acting unlawfully by failing to approve bursary funds withdrawal for counties despite conservatory court orders. Though spared jail, the court insisted on compliance, reinforcing that constitutional offices are not immune to judicial authority.
In a landmark ruling, Deputy Inspector-General of Police Gilbert Masengeli was sentenced to six months in prison after defying orders to produce persons linked to enforced disappearances, a decision seen as a warning to security agencies. The court termed his conduct “open and deliberate defiance”. He purged the contempt, and the conviction was lifted. At the time, he was the acting IG.
National Assembly Speaker Moses Wetang'ula.
Photo credit: File | Nation Media Group
The court had previously affirmed that the Azimio la Umoja One Kenya Coalition held the majority with 171 MPs against Kenya Kwanza’s 165 following the 2022 General Election.
Parliament maintains the matter falls under its internal procedures, an argument still under judicial review.
The Executive has countered the accusations of defiance, saying that rigid enforcement of court orders disrupts governance, citing budget cycles, food security and national security concerns.
Yet, for litigants awaiting decades-old compensation, farmers battling “illegal” imports and families seeking justice for killings, the consequences are immediate.
As these cases converge in courtrooms nationwide, a central question lingers: Who enforces the rule of law when the State itself stands accused of defiance?
