President William Ruto has come under fire over his recent remarks that some of his projects are unstoppable despite court injunctions.
The Law Society of Kenya (LSK) and Third Way Alliance Party faulted the President saying he has no option but to respect the Courts as they brushed off the Head of State's sentiments that the legacy-driven plans which have been stopped would happen “whatever it takes.”
At the weekend, President Ruto said those who were going to court and opposing his projects were enemies of Kenya.
The President said the Universal Health Coverage (UHC), Housing Levy, selling parastatals valued at Sh200 billion, the affordable housing project as well as sending Kenyans to other countries in labour emigration deals, which have been stopped by the court, would still go on.
President Ruto said he would not be stopped by ‘the Lords of impunity’ who he said were fond of running to court to challenge various policies within the current administration which are aimed at improving the living standards of Kenyans.
“We are not going to accept blackmail from people who now feel exposed because they have been benefiting from the corrupt system,” President Ruto said when he presided over this year’s Baringo Cultural Fair and Kimalel Goat Auction.
But while reacting to these remarks on Monday, LSK Chairman Eric Theuri, termed President Ruto's stance as a threat to the rule of law.
“The President’s statements, which seem to label those utilizing constitutional court processes to question the government decisions as adversaries of national progress, are a direct threat to the rule of law and administration of justice. As a primary defender of public interest, the LSK finds such characterizations misleading and deeply troubling,” Theuri said.
LSK is opposed to the affordable housing initiative which it said is a commendable project aligned with the constitutional rights of Kenyans but one that is bound to financially overburden the citizens.
Mr Theuri said already the courts had spoken about the unconstitutionality of the housing law as currently enacted.
“We are aware that the government has published a new bill to establish the levy, and we are currently reviewing the same for public participation as required by the Constitution. The government has similarly filed an appeal that is scheduled for hearing in the Court of Appeal soon. The President should respect the ongoing constitutional processes and refrain from issuing such veiled threats,” Theuri said.
He said the Head of State's sentiments amount to a threat to the Judiciary, which according to the Kenyan constitution, is an independent arm of the government.
Speaking on matters of forceful disappearance, the LSK boss said there has been a re-emergence of such incidents through abductions.
He cited a comment dubbed ‘mambo ni matatu’ which President Ruto used as a message to warn cartels in the sugar industry saying that they were infamous and unnecessary.
The Head of State first made the remarks when he accused influential businessmen of frustrating efforts to revive Mumias Sugar Company.
Mr Theuri termed the President's comments as as reckless, saying several lawyers were harassed and intimidated for representing clients in the cases within the sugar industry.
“The Mambo ni matatu statements were followed by threats to parties who had cases in court to withdraw the same, and we are aware that several advocates were harassed and intimidated for representing clients’ cases, leading to the coerced withdrawal of cases,” Theuri, adding that his office will continue keeping the government on its toes.
On matters of sending Kenyan police officers to Haiti, Thirdway Alliance Party boss Mr Ekuru Aukot, said the government should respect the decisions of the Courts.
“What I would tell President Ruto is that he should respect the Judiciary. This is not an option and we should not be discussing that,” said Mr Aukot.
In October 2023, a Nairobi court suspended plans by the government to deploy 1,000 police officers to Haiti.
The case, which was taken to court by Mr Aukot, will be determined on January 26, 2024, meaning that the earliest the officers may leave Kenya is in February.
“Despite a court order, our government is planning to deploy 1000 police officers to Haiti. A fake Haiti delegation is currently in the country. Is there any reason to swear to defend and uphold the Constitution and rule of law with this kind of belligerence? The Executive arm of the government has no respect for the other arm of government, the Judiciary,” Mr Aukot further said.
The Nation has established that a team from Haiti, led by the Director General of Haitian National Police Mr Frantz Elbe and Haitian Director of Criminal Investigations Mr Frederic Leconte, held a meeting with the leadership of the National Police Service in the country last week.
On Thursday last week, the team met the Inspector General of Police Mr Japheth Koome and on Friday, the same team, led by Mr Leconte, met DCI boss Mr Mohamed Amin.
