Raila takes Ruto head-on over threats to Judiciary

Azimio la Umoja One Kenya leader Raila Odinga has told President William Ruto to respect other arms of government and cautioned him against interfering with the Judiciary.

Mr Odinga said President Ruto has crossed the line by attacking the Judiciary and warned that Kenyans will not allow him to take the country back to the dictatorial era.

The opposition leader accused the President of trying to hijack the Judiciary by intimidating judges and magistrates not to hear cases against his policies, dismiss such cases or rule in his favour.

“It was my hope that after the turmoil and pain experienced in 2023, from which Kenyans are still deeply suffering, the Kenya Kwanza administration would begin this new year with much more reflection and humility that would raise hopes that important lessons had been learned and 2024 would be better. We were wrong,” said Mr Odinga, who is also the ODM party leader.

Speaking at a press briefing in Mombasa, Mr Odinga reiterated that he is ready to push the government to respect the rule of law and bring down the cost of living, saying Kenyans have made heavy and painful sacrifices in the past to establish a semblance of constitutional democracy and this year they will do the same.

“We have a plan this year to force the current government to address a number of issues affecting Kenyans,” Mr Odinga said. He told President Ruto to realise that his best insurance is to obey the law and there is no other way.

Mr Odinga claimed that the threats the Kenya Kwanza regime continues to make must be seen in their proper context as a scapegoating and diversionary tactic from the social and economic pressures the regime has subjected the people to.

Read: President Ruto defends his attack on the Judiciary

He added that President Ruto cannot convince Kenyans that the Judiciary is more corrupt than the Executive and told the President to respect the arm of government.

“Mr Ruto’s latest strange rage against the Judiciary is too critical to the well-being of our country and our democracy, making it extremely important that we call Mr Ruto out and tell him that he has crossed the line. Kenyans will recall that when the Supreme Court made its contemptuous ruling against Azimio la Umoja’s 2022 presidential election, we said we strongly disagreed but accepted it in the interest of promoting the rule of law, democracy, stability and healing of our nation and he should follow our steps,” said Mr Odinga.

He added: “It remains our position to this day that disobeying court rulings is a sure path to chaos and the collapse of a nation. If there was ever any doubt about the malicious intent of the Kenya Kwanza regime in relation to the Constitution of Kenya, Mr Ruto’s attack on the Judiciary removes all doubt.

“When he was charged with fraud and theft of Kenya Pipeline land, it was the Judiciary that saved him. When he was sued to stop his presidential bid with President Uhuru Kenyatta for committing crimes against humanity, it was the Judiciary that saved him. And in 2022, the Judiciary sanctified his power grab after he rigged the elections. It is ridiculous that the biggest political beneficiary of judicial decisions in Kenya’s history is now accusing the institution of sabotaging him.”

Mr Odinga accused President Ruto of wanting to establish an absolute dictatorship. 

“Kenyans know that we have been here before, when judges heard cases in the middle of the night, way past official working hours, and sent opponents of the State to jail and those who disobeyed the Executive were transferred, sacked or even poisoned,” said Mr Odinga.

National Assembly Minority leader Opiyo Wandayi also condemned President Ruto over the threats, describing them as unfortunate.

Read: President Ruto: No courts of law will stand in my way

“The remarks amount to a declaration of war not only on the Judiciary but on the rule of law and constitutionalism in general. It is a harbinger of more draconian actions to come, which must be condemned by all patriotic Kenyans,” said Mr Wandayi.

Senior Counsel and Nyamira Senator Okong’o Omogeni and lawyer Ombati Omwanza asked President Ruto to stop threatening the Judiciary and litigants for exercising their constitutional right.

Mr Omogeni accused President Ruto of waging a campaign of intimidation and blackmail against the Judiciary ahead of upcoming hearings—the attack came a day before two cases were to be heard in the Court of Appeal.

“As Kenyans, we must collectively remember and remind our President that his oath of office is not just a ceremonial pledge but a solemn vow to respect and uphold the constitution at all times,” Mr Omwanza said.

Former Law Society of Kenya Vice-President Carolyne Kamende Daudi urged the President to respect the Judiciary and use the office of the Attorney-General to air his grievances.

“The President should use the office of the Attorney-General or relieve him. If the President is looking for a problem, he will find it in the modus operandi of his office. There are verifiable reports that the Office of the Attorney-General is often sidelined in Executive decision-making,” she said.

“The Constitution designates the Attorney-General as the principal legal advisor to the government. If the office were functioning properly, it would be advising the President on the legal landmines facing his programmes. If it were functioning properly, it would also advise the President on legal processes, especially the channels to be followed to resolve legal problems,” she added.

Read: We’re back to the 'dark days' of Kanu, says Raila

Ms Kamende urged the President not to succumb to autocracy and to resist the temptation to impose his will on the people.

During Wednesday's hearing of an application to extend an order allowing the government to continue collecting the housing levy, lawyers urged the judges to ignore the threats and carry out their duties without fear.

“Rise above the chilling threats. Be courageous and exercise your independence without fear. You are accountable only to the constitution,” Prof Fred Ogolla told judges Lydia Achode, John Mativo and Mwaniki Gachoka.

Mr Ochieng Ogada reminded the judges that they have a duty to defend the constitution.

Lawyer Miguna Miguna said there are many patriotic Kenyans ready to sacrifice their lives in defence of the constitution, democracy and the rule of law.

“We have many lawful mechanisms of bringing about structural transformation of Kenyan society. Use them. We have a plethora of strategies and tactics of wrestling grand corruption in Kenya. But autocratic means are not among them. Avoid autocracy and those urging you to make the wrong turn,” he told President Ruto.

Reporting by Anthony Kitimo, Rushdie Oudia, Nyaboga Kiage and Ruth Mbula