“Court has stood as a faithful custodian of our Constitution,” Ruto Lauds the Supreme Court
President William Ruto commended the Supreme Court for its steadfastness in guiding lower courts and acting as “a faithful custodian” of the Kenyan constitution.
During a ceremony at the Supreme Court buildings in Nairobi, marking the 12th anniversary of the court’s establishment, Ruto highlighted the court’s clear and assertive handling of intricate constitutional issues, which has instilled confidence in Kenyans regarding the protection of their rights and the necessity of due process.
The President asserted, “It is, therefore, quite fair to say that the Court has stood as a faithful custodian of our Constitution, a defender of fundamental rights, and a pillar of democracy.”
Recent Supreme Court rulings have drawn criticism, particularly the latest decision affirming the legality of the contentious Finance Act 2023, which had previously been declared null and void by the Court of Appeal. In July, the appellate court deemed the Act unconstitutional due to inadequate public participation.
Nonetheless, the seven-judge bench of the Supreme Court overturned that ruling last Tuesday, citing the absence of legislation governing public participation.
One of the critics is Faith Odhiambo, the President of the Law Society of Kenya (LSK), who expressed that the lawyers’ organization “respectfully disagrees with the approach taken by the court.”
She emphasized that the urgency of the legislative process cannot supersede the public’s legitimate expectations and interests and that Parliament should not evade the responsibility of justifying its decisions under the pretext of legislative action not being classified as administrative action.
Former LSK President Nelson Havi referred to the Supreme Court as “the most pliable court,” alleging that its recent rulings have been unreasonable.
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Despite the backlash, Ruto remarked on Monday that it would be “unduly pessimistic” to dismiss the Supreme Court’s “clear efforts to interpret the Constitution with wisdom, reinforcing pillars of democracy, justice, equality, freedom, good governance, accountability, and the rule of law.”
He acknowledged that the Supreme Court has faced criticism over its twelve years of existence. And that its decisions will continue to be rigorously debated, with disagreements likely to persist.
Ruto expressed optimism regarding the growing collaboration among various government branche. Aiming to “break long-standing barriers to unlock the power of institutional synergy.”
He reiterated his commitment and urged all government entities to support the Supreme Court in its role as the leader of the Judiciary in administering justice.
“We must work in unity and with a singular sense of purpose. To ensure that the Supreme Court remains a shining beacon of integrity. A trusted guardian of our rights and freedoms, a champion of the rule of law, and a leading force in producing progressive jurisprudence both in Africa and globally,” Ruto concluded.
“Court has stood as a faithful custodian of our Constitution,” Ruto Lauds the Supreme Court
