• The President took deliberate measures to rectify past injustices by appointing judicial officers who, due to Executive impunity, had been unjustly denied their rightful appointments, Mohamed said.
• He said in Ruto's belief in the independence of the Judiciary, he also increased budget allocation to support Judiciary's operational needs.
Image: FILE
The government has defended President William Ruto from accusations of impeding judicial independence by labelling it as corrupt.
State House spokesman Hussein Mohammed said in a statement on Wednesday that the President has been at the forefront in safeguarding judicial independence, the rule of law, and constitutional principles for the benefit of Kenyans.
"From the onset of his presidency, the President took deliberate measures to rectify past injustices by appointing judicial officers who, due to executive impunity, had been unjustly denied their rightful appointments," Mohamed said.
He said that in Ruto's belief in the independence of the Judiciary, he also increased budget allocation to support Judiciary's operational needs.
Mohamed, however, said the President is also duty bound to defend Kenyans against judicial impunity and misconduct perpetrated by corrupt officers who collude with individuals advancing personal interests.
He said corruption, whether within the Judiciary, the Executive or the Legislature, must not find refuge behind the shield of judicial independence.
"It is our duty to expose and hold accountable those who engage in corrupt practices whoever they maybe and wherever they are," he said.
His remarks came on the backdrop of widespread condemnation following Ruto's warning to alleged corrupt judicial officers he claimed are working with cartels to stall government programmes.
Ruto said on Tuesday the cartels are working in conduits with corrupt judges and judicial officers to abuse the court process and frustrate the housing programme and reforms in universal health coverage.
"We will protect independence of the Judiciary, [but] what we will not allow is judicial impunity and tyranny,” Ruto said.
Speaking during the burial of Senator John Methu’s father, the President claimed that in their quest to sustain the plunder of millions of shillings from the National Hospital Insurance Fund, the cartels have bribed judges to issue court orders to stall government efforts to streamline operations at the national insurer.
“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 hospital claims will continue. I want to assure you that this will not happen in Kenya again and we will stop it,” he said.
The remarks drew reactions from various quarters including the Law Society of Kenya which said gone are the days the Judiciary played second fiddle or bowed to the Executive arm of the government.
"The President, as the foremost custodian of the rule of law, should refrain from undermining the Judiciary and instead, utilise legal avenues at his disposal to challenge decisions that he finds aggrieving," LSK President Eric Theuri said in a statement.
He termed the President's remarks as incitement of the public against the Judiciary saying this is not only detrimental to the Constitution but also compromises the sanctity of the legal system.
In response, Mohamed said the LSK need not lecture the President on constitutionalism and independence of the Judiciary.
He defended the president saying he is in order to act in the interest of the Kenyan people whenever a few individuals impede inclusive national development.
"It would be a dereliction of the President's oath of office, and a betrayal of the people's mandate to allow their hopes and aspirations to be obstructed by corruption and impunity," he said.
If anything, Mohamed said the Kenya Kwanza manifesto on affordable housing and universal health coverage was put together in consultation with citizens across all the 47 counties.
He added that the President also adhered to the rule of law and consulted relevant ministries when formulating policies and legislation on affordable housing and universal healthcare before the same was approved by Cabinet.
"Subsequently, Bills were transmitted to Parliament, subjected to public participation, and passed into law," he said.
On the other hand, Mohamed said the Judiciary has been acting with impunity.
He cited the December 27 incident where the High Court stopped the planned public participation on the Affordable Housing Bill, 2023 in contravention of Article 10 of the Constitution.
He also cited the decision by court not to charge certain individuals facing cases before court.
“Just last month, independent institutions were stopped from charging suspects of corruption. Should individuals investigated by the DCI and the EACC find refuge in courts to circumvent the criminal justice system? he posed.
On December 14, Justice Chacha Mwita of the Milimani High court barred the Office of the Director of Public Prosecutions (ODPP) and Ethics and Anti-Corruption Commission (EACC) from arresting and preferring any charges against Controller of Budget Margaret Nyakang'o until her case is heard and determined.
"A conservatory order is hereby issued restraining the respondents from arresting, charging or prosecuting the petitioner in relation to matters pertaining to her duties as the Controller of Budget until March 13, 2024," Justice Mwita ordered.
According to Mohamed, this amounted to Judicial impunity.
“No stretch of imagination can baptise this as judicial independence; it is, indeed, judicial impunity. The President cannot be expected to be a mere observer in the face of such injustices. He cannot remain mum,” he said.
Mohamed said the President will continue work towards fulfilling commitments to the people who elected him and save millions of young people from unemployment and ensure millions of Kenyans who continue to endure exorbitant medical bills and loss of loved ones have access to universal health coverage.