Nyamira Senator Okong'o Omogeni has condemned remarks by President William Ruto that corrupt judicial officers are working with cartels to sabotage government projects.
In a statement on Tuesday, the senator, who also sits on the Parliamentary Service Commission, said the remarks amount to intimidation of the judiciary as the court prepares to pass a verdict on the housing levy appeal.
"I urge the Judiciary to stand firm and not bow to the threats of William Ruto. Kenya is a democracy with a constitutionally limited government that is subject to the supervisory jurisdiction of the high court," Omogeni said.
Ruto on Tuesday said that whereas the government respects judicial independence, it will not allow a few individuals with vested interests to abuse courts and stall government projects.
He singled out the digital medical cover which he said cartels want stalled so they can continue stealing funds from the National Health Insurance Fund (NHIF) by colluding with hospitals to make false claims.
"I want to announce here that 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 hospitals claims will continue. I want to assure you that this will not happen in Kenya again and we will stop it," he said.
The President was speaking during a burial in Nyandarua County.
On November 28, 2023, the High Court struck down the 1.5 levy intended to fund Ruto's affordable housing project but stayed the order until January 10.
The court had on November 27, 2023 also stopped implementation of three Health Acts under Ruto's Universal Health Coverage (UHC) that are aimed at rationalising contributions to a digital health fund and enhancing access to healthcare for the poor.
The affected Acts are the Social Health Insurance Act, 2023; the Primary Health Care Act, 2023 and the Digital Health Act, 2023.
"That in the meantime, a conservatory order is hereby issued restraining the respondents, their agents and or anyone acting on their directives from implementing and or enforcing the Social Health Insurance Act, 2023; the Primary Health Care Act, 2023 and the Digital Health Act, 2023 until February 7, 2024," Justice Chacha Mwita ruled.
The judge said he was satisfied that the petition filed by Joseph Aura raises important constitutional and legal questions that deserve urgent and serious consideration.
"We will protect independent of the Judiciary, [but] what we will not allow is judicial impunity and tyranny,” Ruto said.
Omogeni said the President is under obligation to respect the rule of law and uphold the sanctity of the Constitution.
"Any other attempt geared towards disregarding court orders is to invite anarchy, and Ruto should be prepared for such eventuality if he goes that route," he said.
In his New Year state address, Ruto said urgent interventions of the Bottom Up Economic Transformation Agenda have been delayed, obstructed and hampered by various challenges, including persistent litigation.
He accused the courts of acting in the interest of a few individuals in the name of protecting the people's rights but inversely deny the same people legitimate opportunities.
"This is what happens when a public servant, enjoying a house mortgage at a 3 per cent interest rate, makes decisions that frustrate the housing program, robbing millions of youth of employment prospects and denying millions of Kenyans the chance to own a home like them.
"This is also the case when a public officer, who benefits from unlimited medical insurance, invokes the law to derail the universal healthcare delivery, denying millions of vulnerable Kenyans a health cover like them."