Kenya: Answer to a Corrupt Judiciary Isn't Defiance of Court Orders - Makau Mutua

3 January 2024

Nairobi — Azimio La Umoja Spokesperson Makau Mutua has poured cold water on President William Ruto's threats to defy court orders as a move to crush cartels who he accused of being part of corruption cartels colluding to frustrate government programs.

Mutua pointed out that the corruption menace has riddled all arms of government as well as the private sector which has fuelled graft in the corridors of justice pushing radical reforms in the system of governance.

"The answer to a corrupt judiciary isn't defiance of court orders. It's a comprehensive reform of the judiciary - removing corrupt judges, sacking/removing corrupt politicians/civil servants, dismantling colluding cartels in the bar, and jailing corrupt businesspersons," he said.

On his X platform, Mutua noted that the unnamed judges who are being accused of corruption are not working in silos saying the entrenched corruption in the Chief Justice Martha Koome-led arm of government is a whole ecosystem.

"Judges don't do corruption alone. It's a web and an ecosystem of corruption involving ministers and senior civil servants, lawyers, legislators, and businesspeople. The whole system must be uprooted - by sacking every corrupt official - to defeat corruption in the judiciary," Mutua said.

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.

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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