Regional judges association calls out Ruto over remarks on judiciary
The East African Judges and Magistrates Association (EAMJA) has called out President William Ruto over his recent remarks on the Kenyan judiciary, terming them a threat to judicial independence and the rule of law.
In a press statement, the judges and magistrates based in Arusha, Tanzania, noted that Ruto's remarks were unfortunate. They stated that the comments were aimed at ridiculing and portraying the judiciary in a negative light, thereby interfering with judicial independence.
"The East African Magistrates' and Judges' Association (EAMJA) expresses deep concern over recent statements made by the President of Kenya, which have raised serious questions about the interference with the independence of the judiciary. EAMJA emphasises the crucial role of an independent judiciary in upholding the rule of law and promoting a democratic state," Justice Keitirima John Eudes, the President of the East African Court said.
Justice Eudes, who doubles up as the EAMJA's president, urged the head of state to respect the independence of the judiciary at all times.
"EAMJA wishes to remind the Kenyan government of its commitment to various regional, continental, and international instruments that underscore the importance of preserving the independence of the judiciary," he stated.
EAMJA expressed disappointment that Ruto had resorted to general criticism instead of presenting evidence of corruption within the judiciary.
The judges and magistrates urged the president to stop undermining the judiciary. They emphasized that if he has any concerns or issues with the institution, he should address them through proper channels.
"EAMJA underscores the significance of addressing any grievances against judicial officers or their decisions within the acceptable framework that enhances the rule of law and the independence of the judiciary. It is imperative that any concerns or disputes be handled through established legal channels, respecting the principles of due process and the separation of powers," they added.
Further, Justice Eudes called on all Kenyans to stand in solidarity with the judiciary.
"The presence of a robust and independent judiciary is crucial in safeguarding the rights and liberties of all citizens, thereby ensuring a democratic and equitable foundation. In a united front, we affirm our solidarity with our Kenyan brothers and sisters in the judiciary and remain committed to promoting and defending the principles of justice, fairness, and the rule of law across the East African region," the judges stated.
Ruto vows to defy courts
The association's move comes amid President Ruto's stance on disregarding court orders that he claims are meant to derail his government's development agenda.
Speaking at a public function on Tuesday last week, Ruto said some unnamed corrupt judges are working with the opposition to delay key government projects like a housing fund and universal healthcare initiatives.
“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,” Ruto said.
The government suffered a major setback in November last year when a High Court in Nairobi declared the housing levy introduced by Ruto unconstitutional.
According to the judges, the plan to raise taxes to construct affordable homes was unconstitutional and discriminatory, a declaration that angered the executive.
“We are a democracy. We respect, and we will protect the independence of the judiciary. What we will not allow is judicial tyranny and judicial impunity,” Ruto said last week, triggering a wave of outrage from Kenyans and judicial circles.
The Law Society of Kenya (LSK) and associations representing judges, magistrates and senior counsel in the country joined the voices calling on the President to back off, warning that the media reports of him vowing to defy the courts could set the country on a dangerous path to anarchy.
In the recent past, the Kenyan Judiciary has enjoyed considerable public trust since the promulgation of the 2010 Constitution, which strengthened its independence.
The Supreme Court has settled numerous disputes arising from the outcome of the past three presidential elections, defusing tensions and averting full-blown election-related violence similar to the one that left more than 1,100 dead and displaced about 650,000 from their homes in 2007.
The emphasis placed on public participation as one of the governance values in the Constitution has also seen a culture of public interest litigation take root, with public-spirited individuals and organisations regularly moving to challenge government policies and decisions in court.
Ruto, himself a prominent beneficiary of the country's justice system after the Supreme Court upheld his contested victory in the 2022 presidential election, swore to uphold the rule of law and respect the independence of the Judiciary at his inauguration.
