Retract the statement against the Judiciary_ICJ tells President Ruto

Published: Jan.4,2024 5:00 PM(EAT)

By Moses Muli

ICJ said the remarks threaten the rule of law and independence of Judiciary.

The International Commission of Jurists (ICJ) Kenya now wants President William Ruto to retract his statements on the Judiciary.

Speaking during a burial in Nyandarua on Tuesday, Ruto accused some judges of colluding with some people to sabotage his legacy projects.

“I want to announce here that a few people with vested interests who are beneficiaries of corruption in NHIF are now ganging up with corrupt judicial officers to stall reforms so that fake hospital claims will continue. I want to assure you that this will not happen in Kenya again, and we will stop it,” he said.

“We will protect independent of the Judiciary, [but] what we will not allow is judicial impunity and tyranny.”

ICJ Kenya chairperson Protas Saende condemned the remarks, saying they undermined the integrity and independence of the judiciary.

He added that it also puts at risk the country’s rule of law and judicial independence.

“ICJ Kenya calls on the president to withdraw the statements against the judiciary and issue a clarifying statement affirming commitment to upholding the principles of judicial independence and the rule of law,” Saende said in a statement on Thursday.

The Commission also urged stakeholders, including those in the Executive to respect the independence of the judiciary.

ICJ called upon them to collaborate to address their concerns without compromising the integrity of the judiciary.

The commission noted that upholding the sector’s independence will serve the country and affirm it as a democratic society.

It also observed the need for separation of powers and the rule of law, saying that underpins the constitution’s architecture.

“Any attempts to undermine the judiciary threatens the foundations of our democratic system and the constitution,” the Commission emphasised.

The Saende-led Section noted that there are guarantees of the independence of the judiciary including in the Universal Declaration of Human Rights (UNDR), the International Convention on Civil and Political Rights (ICCP) and the UN Principles on the Independence of the Judiciary.

It added that most African countries honour this and have vested judicial power in courts and “declare that they are independent and subject only to the constitution and the law”.

Further, the Commission said that remarks alleging corruption in the judiciary could erode public trust. Ruto has come under criticism for looking to undermine the same judiciary he swore to defend when he took over the reigns of power in August 2022.

Opposition leader Raila Odinga has warned Ruto not to take back the country into the dark days of of authoritarian rule. Speaking in the coastal town of Mombasa, Raila told Ruto to respect court decisions as the he was a beneficiary of the same courts when the opposition contested his election with the courts upholding  his election.