President William Ruto has urged the Judiciary to exercise restraint on national and public interest matters in an effort to prevent individuals and groups whose goal is to advance their sectarian agenda.
The President noted that the line between public interest and populist politics can be blurred, saying we live in a complex and dynamic era characterised by agenda pushed through social media and anonymous individuals.
He said the Judiciary has a role to play in helping the country curb politics of personality, ethnicity and populism, and promote politics based on issues and programmes.
President Ruto said this could be achieved if the popular mandate of the people, through their elected government and the manifesto endorsed by Kenyans, is given high regard.
“How do you respond to litigants and individuals who challenge a policy and a manifesto position canvassed among the citizens and voted for by the people of Kenya?” he asked.
The President was of the view that governments are elected on the basis of a manifesto and stressed that this should carry more weight in court.
He made the remarks during the official opening of the Supreme Court of Kenya at 12 Conference at the Supreme Court grounds in Nairobi. The conference was to mark 12 years since the establishment of the court.
The President was accompanied by Deputy President Kithure Kindiki, Prime Cabinet Secretary Musalia Mudavadi and Nairobi Governor Johnson Sakaja.
Chief Justice Martha Koome and her deputy and Deputy Chief Justice Philomena Mwilu were also present.
President Ruto said collaboration among the three arms of government is key to promoting national interest and strengthening constitutionalism.
“No single institution or organ is entire of itself and viable in isolation,” he pointed out.
The President, however, defended the principle of separation of powers and the need for checks and balances, saying they must be respected to prevent overreach and interference.
He noted, however, that while there is a remedy for the overreach of the Executive arm of government, there was no remedy for judicial overreach and interference.
“What happens when we have judicial overreach and judicial interference? Who will help us resolve it?” he asked.
The President added that while the Executive is committed to refraining from interfering in matters under the purview of the other arms of government, the Judiciary should also restrain itself from interfering with matters within the purview of other government branches.
He said the Executive is committed to working with the Judiciary and the legal fraternity to build a more accessible, empathetic and efficient judicial system that delivers timely, fair and effective justice for all.
He said the government is keen to ensure that the Supreme Court remains a beacon of integrity, a trusted guardian of rights and freedoms, a champion of the rule of law and a leading contributor to progressive jurisprudence in Africa and globally.
President Ruto announced that the Executive has consulted the Legislature and Judiciary on the national budget and will support the expansion of court infrastructure and enhance the capacity to administer justice.
On the stabilising role of the Supreme Court, President Ruto recalled that the 2007 post-election violence exposed systemic failures that the Supreme Court has since addressed to restore public confidence.
The President said the jurisprudence developed by the Supreme Court demonstrates its capacity to address complex controversies and deliver sound judgements that advance constitutional law, resolve disputes, clarify the law, stabilise policy and meet the expectations of the Kenyan people.
“Twelve years after the establishment of the Supreme Court, it is difficult for us to imagine how Kenya existed for many decades without it,” he said.
On his part, Prof Kindiki called on the Judiciary to clarify the balance between public and national interest for Kenya’s well-being.
He pointed out that, at times, the public can be mobilised for the wrong reasons which threaten national stability.
Chief Justice Koome called for political solutions to political problems, stating that politicians should only come to court as a “last resort”.
She assured Kenyans of the Judiciary’s commitment to justice, promising to be a champion of the Constitution and the rule of law.
“I want to assure Kenyans that the Supreme Court of Kenya will stand rock-solid as a constant guardian of the Constitution and the rule of law,” she said.
Mr Mudavadi encouraged the three arms of government to work together to serve the people in the spirit of interdependence.
“While the arms of government are independent, we serve the same people,” he said.
Governor Sakaja said a strong judicial system has made Kenya a competitive investment destination.
He noted that the country’s justice system has increased investor confidence in Kenya.
Distributed by APO Group on behalf of President of the Republic of Kenya.
