State House has criticized the Law Society of Kenya (LSK) for their criticism of President William Ruto regarding his sentiment about the independence of the Judiciary and constitutionalism.
The State House Spokesperson, Hussein Mohamed, dismissed the LSK's counsel, asserting that the President has consistently upheld the rule of law and respected court orders, even about his affordable housing pet project.
"We, however, agree with the Law Society of Kenya that Executive impunity is unacceptable. However, legislative impunity, by its measure, is also unacceptable, and so is judicial impunity. As a believer in the Constitution, President Ruto recognizes the imperative to lead by example in defending our constitutional values. This includes shielding innocent citizens from judicial misconduct perpetrated by corrupt officers colluding with vested interests," Mohamed stated.
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He went on to emphasize that corruption within the judiciary, executive, legislature, or among the general public should not find refuge behind the shield of judicial independence.
According to Mohamed, the government must expose and hold accountable those engaged in corrupt practices, regardless of their positions.
"Corruption, whether within the Judiciary, the Executive, or the Legislature and, indeed, among the general public, 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 may be and wherever they are," he added.
Mohamed expressed concerns about the possible return of judicial impunity in Kenya, drawing parallels with a previous era during President Mwaki Kibaki's tenure.
"We are back to the clamour for judiciary reforms last witnessed during President Mwaki Kibaki's tenure when it was said: 'Why pay for a lawyer’s services when you can pay a judge?' We must never allow the return of such impunity in Kenya," he declared.
While addressing the delicate balance between the three branches of government, Mohamed questioned; "The Executive is mandated to deliver to the people after an election. Should the President fulfil commitments to the people and their needs, or should the Executive seek concurrence from the Judiciary to deliver on what the people voted for?"
LSK threatens to hold demos against Ruto
The State House's backing of the President comes right after LSK President Eric Theuri declared plans to hold protests against President William Ruto's criticisms of the Judiciary.
Ruto had pledged to defy court orders that hindered his projects, especially the Housing projects.
During a press conference on January 2, Theuri announced that advocates and legal practitioners would wear purple ribbons in the Nationwide peaceful demonstrations to show their support for the Judiciary and the rule of law.
Theuri urged Ruto to retract his statements, expressing concern that the President's remarks posed a threat to the rule of law, setting a negative precedent.
He reminded Ruto that the same courts had upheld his election and, at another time, nullified it, emphasizing the need to avoid undermining the Judiciary.
“We’re concerned as LSK that we begin the year with a dark cloud hovering around the justice system following remarks by the President. Those remarks are a threat to the rule of law...we want the President to retract or else they will send very bad signals. We remind the President that the same courts upheld his own election based on impartiality and at one time nullified another. The President should refrain from undermining the Judiciary,” Theuri said.
Challenging Ruto to present evidence of corruption to the Judicial Service Commission (JSC) rather than making unsupported claims, Theuri argued that attacking the Judiciary outside established legal channels indicated an autocratic governance style.
“We call upon the President of Kenya to avail evidence of corruption to JSC. When a hyena wants to eat its children, it starts telling them that they smell like sheep," the LSK boss said.
He called for the President to demonstrate proof of corruption to the JSC, criticizing the attacks on the Judiciary as undermining its independence.
Theuri questioned the implications of the President's refusal to obey court orders on an ordinary person seeking justice in court.
