President William Ruto has come under fire for allegedly interfering with independent institutions and defying court orders.
According to the Law Society of Kenya (LSK) and the opposition coalition, President Ruto’s new administration is already ignoring court orders, just like the previous one.
They cited defiance against an order to halt the recruitment of the chief administrative secretary (CAS) and Deputy President Rigathi Gachagua’s declaration that eviction orders issued by courts be discussed by sub-county security committees before being implemented.
According to LSK, Mr Gachagua’s declaration risks subjecting court decisions to the whims of the security committee and encouraging a culture of land grabbing and impunity.
They have also questioned the tone of Dr Ruto’s remarks following the High Court’s rejection of his bid to increase monthly National Social Security Fund (NSSF) contributions from Sh200 to Sh2, 068.
Similarly, Azimio la Umoja One Kenya Coalition claimed that the Executive was attempting to usurp the powers of independent institutions, citing a recent decision by the Office of the Director of Public Prosecutions (ODPP) to withdraw high-profile cases on the instruction of a higher office.
LSK President Eric Theuri has maintained that the Public Service Commission’s (PSC) decision to defy a court order prohibiting the recruitment of CAS is evidence that the government has little regard for the rule of law.
“The tone of the government is consistent that it will disobey court orders that it disagrees with. The only option the government has in the event it loses a case is to appeal because anything else will be like trying to substitute the rule of law with the rule of man,” said the LSK President.
According to lawyer Danstan Omari, the CAS decision indicates that President Ruto wishes to follow in the footsteps of his predecessor, whose administration was notorious for disobeying court orders.
“Uhuru’s regime was known for disobeying court orders. The Judiciary was the known defender of Kenyans. In this regime, the Judiciary is being turned into an arm of the executive,” said Mr Omari.
He claimed that the appearance of Justice Martha Koome and Deputy Chief Justice Phelomena Mwilu in Parliament lining up to greet the President when he opened the 13th Parliament was evidence that the judiciary was under state capture.
PSC said in a statement on Thursday that it will continue to recruit CAS before submitting names to the President for appointment.
The commission stated that it established the position, which the High Court had ruled was unconstitutional, through public participation, which ended on October 6, 2022.
“Contrary to public speculation, the commission has not cancelled the advert for recruitment of Chief Administrative Secretary. The commission will shortlist and conduct interviews and thereafter recommend names of successful candidates for consideration for appointment by the president,” reiterated the commission.
