Kenya: Stop Threatening the Judiciary, Follow the Law Not Autocracy - Miguna to Ruto

(file photo).
3 January 2024

Nairobi — Kenyan firebrand lawyer Miguna Miguna has offered unsolicited advice to President William Ruto, urging him to refrain from autocratic tendencies and threats against the Judiciary a day after he declared he won't respect orders obtained through corruption.

Miguna took to social media to address President Ruto, cautioning him against succumbing to the counsel of allies he described as "sycophantic" who advocate for actions outside the bounds of the law, especially concerning legal cases that touch upon key government policies.

"Let me offer President @WilliamsRuto some unsolicited but crucial advice: Cease the threats against the judiciary. Stop intimidating Kenyan litigants. While it is true that corruption exists in various sectors of Kenyan society, including at @StateHouseKenya, where you reside and work," Miguna stated.

President Ruto has hit news headlines since Tuesday when he declared his intention to disregard stay orders issued by courts and proceed with the implementation of critical projects, such as Affordable Housing and the Social Health Insurance Act. He accused unnamed judicial officials of being part of corruption cartels collaborating to hinder government programs and vowed to crush such cartels.

Miguna contends that corrupt judicial officials should be held accountable within the confines of the law rather than through threats or extrajudicial means.

"Do not heed the calls of those urging you to wield the sword. Such individuals are autocratic foes of the people. Exercise restraint. Do not become a tyrant! We have numerous lawful mechanisms to bring about structural transformation in Kenyan society. Let us employ them," Miguna urged.

He also cautioned the Head of State against straying from the constitutional path and retaliating against unnamed judges who issue stay orders to obstruct government initiatives.

"Avoid autocracy and those who push you towards the wrong path. For there are still plenty of patriotic Kenyans prepared to make the ultimate sacrifice in DEFENSE of the CONSTITUTION, Democracy, and the Rule of Law!" Miguna asserted.

President Ruto, on Tuesday, sternly warned that his administration would vigorously counter what he termed "judicial activism and impunity" that hinder the government's development agenda. He emphasized the importance of respecting the Judiciary's independence while expressing the need for a national dialogue to address perceived judicial misconduct as a means of settling political scores.

"We are a democracy, and we shall uphold the independence of the Judiciary. However, we will not tolerate judicial tyranny and impunity," the President emphasized.

President Ruto accused both internal and external forces of attempting to subvert critical government policies through legal channels. The high court recently halted the enforcement and implementation of the Social Health Insurance Fund Act 2023, the Primary Health Care Act 2023, and the Digital Health Act 2023 until a legal challenge against their legality is heard.

The Kenya Medical Practitioners, Pharmacists, and Dentists Union (KMPDU) secured court orders that halted the government's planned rollout of universal health coverage as envisioned in these laws. Despite the President's announcement of the rollout in January, the High Court suspended the planned implementation of the Social Health Insurance Act 2023 by the Ministry of Health until February 2024.

"A handful of individuals who have benefitted from the NHIF's misappropriation have sought refuge in the courts, aligning themselves with corrupt judicial officials to siphon off 50 percent of the funds. This will not be allowed to continue," President Ruto declared.

He pledged to take decisive action against judicial officers involved in colluding with powerful individuals with vested interests who have been draining the health insurance fund for years.

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