Thang’wa wants Policies Court to handle cases against State

He says he has written to Senate to amend High Court and JSC Acts.

In Summary

• He said the proposed amendments provide that the Policies Court should hear and determine litigations challenging government policies within 30 days.

• His remarks come amidst a stormy debate touching on the independence and integrity of the Judiciary sparked off by President William Ruto.

Kiambu Senator Karungo Thang'wa.
Kiambu Senator Karungo Thang'wa.
Image: KARUNGO THANG'WA/X

Kiambu Senator Karungo Thang'wa says he has written to Senate to institute amendments to establish a special court to deal with cases challenging government policies.

In a statement on X, the lawmaker said he has asked the House to make amendments to the High Court and the Judicial Service Commission Acts to make this possible.

“The objective is to establish a Policies Court within the High Court, dedicated to handling litigations challenging government policies, akin to the existing Employment and Environmental Courts in the High Court,” the senator said.

He said the proposed amendments provide that the Policies Court should hear and determine litigations challenging government policies within 30 days.

“Additionally, it is essential to add or restructure the JSC membership to ensure accountability. Moreover, judges should undergo periodic assessments, similar to the evaluation of politicians every five years or through impeachment proceedings,” he added.

His remarks come amidst a stormy debate touching on the independence and integrity of the Judiciary sparked off by President William Ruto.

The Head of State on Tuesday took on the Judiciary head and accused it of working in conduits with unnamed powerful individuals to frustrate government policies.

He singled out the housing programme and Social Health Insurance Fund which the courts have halted their implementation on grounds that they are unconstitutional.

Speaking during the burial of Senator John Methu’s father in Nyandarua, a visibly agitated Ruto claimed that individuals with vested interests have colluded with corrupt judicial officers to frustrate government efforts to streamline operations at the National Hospital Insurance Fund.

“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,” the President said. 

On Wednesday, the Judiciary, Law Society of Kenya, Judges and International Jurists Court condemned the remarks terming them an affront to judicial independence.

Chief Justice Martha Koome who also sits as the President of the JSC said the Judiciary will continue performing its duties in fidelity with the Constitution and asked judges to continue executing their mandate fearlessly.

 "The JSC wishes to reaffirm the independence and integrity of the Judiciary as a co-equal arm of government as enshrined in the Constitution and urges all judges and judicial officers to continue to perform their official duties without fear or favour," she said.

State House followed it up and defended the president’s remarks saying he respects the Constitution and the rule of law but will not sit and watch as a few corrupt judicial officers and judges subvert state projects.

"We must expose and hold accountable those who engage in corrupt practices whoever they may be and wherever they are," State House spokesman Hussein Mohamed said.

"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 added.


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