Judiciary, Ruto Has Crossed the Line: Opposition Leader

It was my hope that after the tumult and pain experienced in 2023 and from which Kenyans are still deeply suffering, the Kenya Kwanza administration would begin this New Year with much more reflection and humility that would plant hopes that vital lessons have been learnt and 2024 would be better.We were wrong.

Yesterday, on the second day of the New Year, Hon. William Ruto hit the ground more haughty, abrasive, dismissive and dictatorial than we have ever known. It would have been easy to let Ruto’s threats against the Judiciary pass as those of a leader who is ever getting frustrated by the reality of imminent abject failure. Certainly, the threats that Kenya Kwanza regime continues to huff and puff about must be seen in their correct context – as a scapegoating and diversionary tactic from the pressing social and economic pressures that the regime has subjected the people to.

But the subject of Mr. Ruto’s latest strange rage -the Judiciary-is too critical to the well-being of our country and our democracy, making it extremely important that we call Ruto out and tell him that he has crossed the line.Kenyans will recall that when the Supreme Court made its contemptuous ruling against Azimio la Umoja’s presidential election in 2022, we said we strongly disagreed, but accepted it in the interest of furthering the rule of law, democracy, stability and healing of our nation.

It remains our position to date that disobeying court rulings is a sure path to chaos and the collapse of a nation.Mr. Ruto has captured Parliament and Bills now come straight from State House and get ratified by law makers.

Sometimes, up to two bills are ratified in one afternoon. If there was ever any doubt about the malevolent intent of the Kenya Kwanza regime in regard to the Constitution of Kenya, yesterday’s attack by William Ruto on the Judiciary removes all the doubt. After executing a civilian coup in the election of 2022 and receiving backing from the Judiciary in the illegality, Ruto has now turned upon the institution he deceptively seduced with false assurances that he had credentials in the rule of law.

Azimio complained and still holds its position that no justice was done in 2022 but we have at every corner stood unwavering in our respect for the Judiciary, its judges and decisions.Ruto’s entire political career has been saved by the Judiciary. When he was charged with fraud and stealing of Kenya Pipeline land, it is the Judiciary that saved him.

When he was sued to stop his presidential bid with President Uhuru Kenyatta on account of commission of crimes against humanity, it is the judiciary that saved him. And in 2022, the Judiciary sanctified his power grab after he rigged elections. It is ridiculous to now hear the biggest political beneficiary of judicial decisions in Kenya’s history now accuse the institution of sabotaging him.But this is not about the Judiciary.
This is about where Ruto wishes to take Kenya and what it means for Kenyans. Having captured parliament, Ruto now wants to intimidate, subdue and capture the Judiciary. He wants Judges not to hear cases against his policies, dismiss such cases or always rule in his favour.

In other words, Ruto wants to establish an absolute dictatorship.Kenyans know we have been here before. We have seen days when judges heard cases in the dead of the night, way past official working hours and sent opponents of the state to jail. Kenyans know we have seen days when judges got transferred, sacked or, even got poisoned for delivering rulings that did not favour the State.

Ruto wants to return us to that era of terror. As a people, we have in the past made heavy and painful sacrifices to establish a semblance of constitutional democracy as we now know it. Kenyans have every intention to see to it that every text of the constitution that we promulgated in 2010 finds meaning in the manner in which we are governed every minute and day of their lives – and no sacrifice will be too much to pay to ensure this.Our Judiciary is imperfect. It has corrupt elements.

But Ruto cannot convince us that the Judiciary is more corrupt than the Executive branch of government, which he leads. Corruption resides in the Executive. The worst case of Executive corruption of impunity right now is the acquittal of Mr. Henry Rotich over the Arror and Kimwarer dams where a whooping Ksh63 billion was lost.

The Executive went all out to ensure witnesses were never summoned or those summoned were never questioned. The entire plot was to save Mr. Rotich and close the case. Ruto is not outraged by that. The Executive is where the petroleum, the Sh16. 5 billion edible oils, the Ksh17 billion fuel scam, the duty free rice, maize, the KCPE exam printing, the Ksh3.7 billion insecticide treated mosquito nets deal, among other scams, were conceived and executed.
Ruto has not expressed anger at these deals because they belong to the Executive.

I wish to remind Mr. Ruto that in another era not too long ago, we stopped a dictatorship that was more entrenched both locally and abroad. We will stop Ruto too.Since the promulgation of the constitution of Kenya 2010, our Judiciary has proven to be an ingenuous arbiter in the social, political and economic tribulations that we have encountered as a people and presented to them.

The courts have set the pace in clarifying the intentions of the people of Kenya expressed in the text of the constitution both for and against the government. In doing so, the courts have shown valour in their interpretation of the law and never shied from speaking truth to power when the occasion demanded it.

The Kenya Kwanza regime must therefore be no exception as Mr Ruto now imagines it should. We appeal to the Judiciary to stand firm in defense of professionalism, independence, the rule of law and constitutionalism.In this Judiciary, I see products of the old struggle against a vicious dictatorship. I trust that they will not allow judicial proceedings and decisions to be determined by Ruto’s tantrums.

With all its weaknesses and challenges, the Judiciary, alongside eternal vigilance by citizens remains our best bet against a return to dictatorship.The current level of political and personal attacks on the judiciary by Mr. Ruto is therefore completely unacceptable. Ruto has crossed the line and we will not allow it.

Ruto must learn that his best insurance is to obey the law. He must not depart from the book of the law to the left or the right. There is no other way about it and we will not allow him to invent any other way other than the law.