Nationwide Demonstrations: Lawyers Uproar Over President Ruto Tirade Against Judiciary

By Henry Owino

Nairobi, Kenya: Kenyan lawyers and advocate umbrella body are set to stage countrywide peaceful demonstrations in the second week of January to protest over President William Ruto’s attacks against the Judiciary. The Law Society of Kenya (LSK) has declared the mass protest symbolizes solidarity with the Judiciary over Executive excesses.

Erick Theuri President of LSK said all advocates and legal practitioners are going put on purple ribbons during the demos to signify their support for the Judiciary and the rule of law.  He urged the president to withdraw his statements saying he was setting a bad precedent for the rule of law.

“As members of LSK Council, we call upon all our members to don purple ribbons throughout the coming week to join in the peaceful protests countrywide.  The society is in support of the rule of law and in solidarity with the Judiciary,” Theuri emphasized.

Theuri and a team of lawyers (council members) were addressing the media on Wednesday, 3 January at the LSK Headquarters Offices in Nairobi. President Ruto had on Tuesday 2 January 

“We are concerned as LSK that the year is starting with a dark cloud hovering around the justice system following remarks by the head of State. Those remarks are a threat to the rule of law and we want the President to retract or else it will send very bad signals to judicial systems,” Theuri was disturbed.

 “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,” he added.

Theuri also challenged Ruto to avail the evidence against the corrupt judicial officers to the Judicial Service Commission (JSC) for action instead of making unsubstantiated claims. He lamented that the attacks on the Judiciary by the President without following the laid down legal framework symbolize an autocratic nature of governance.

“We therefore 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 related.

“All advocates beginning the second week of January will wear purple ribbons to signify their support for the rule of law. We shall have a countrywide peaceful demonstration to stand for the independence of the Judiciary. We shall match peacefully and petition the Attorney General.” LKS President said.

 “If the President says he cannot obey court orders what happens to a Mama-mboga in court seeking justice,” he posed.

Faith Odhiambo, the LSK deputy president who flanked his boss, advised President Ruto to recant his statement as it is not in good faith for the rule of law in the country. She regrets Ruto’s statement and his vow to disobey court orders that presumably do not favour government projects.

Ms Odhiambo said public incitement against the judiciary is not only detrimental to the constitutional fabric but also compromises the sanctity of the legal system. She emphasized that a resilient and independent judiciary is not a threat but a cornerstone of Kenyan democracy.

“We must not allow our Constitution to suffer dereliction. We, therefore, call upon all our members to come out and participate in a countrywide peaceful protest in solidarity with the judiciary following President William Ruto’s Tuesday 2 January remarks,” Ms Odhiambo urged.

Ms Odhiambo emphasized the need for the head of State to uphold the rule of law while undertaking his executive duties.

Ruto utterances list

President Ruto statements of late have been causing public uproar and under heavy criticism by Kenyans across the board. For LSK, human rights Organizations, Civil Society Organizations, Politicians, Media, Business Communities and the list is endless. 

The first statement was a threat to a businessman when Ruto accused the influential businessmen of frustrating efforts to revive Mumias Sugar Company. The comment dubbed “Mambo ni Matatu”; migrate Kenya, imprisonment and travel to heaven. The statement was aimed at warning cartels in the sugar industry but was reckless, uncalled, infamous, and unnecessary 

Several lawyers who represented the clients were harassed and intimidated in the cases within the sugar industry. The advocates were threatened leading to the coerced withdrawal of the case.

Sending Kenyan police to Haiti was stopped by the Nairobi court after Ekuru Aukot, leader of the Thirdway Alliance Party intervened in the decision in Court. So, in October 2023, The Nairobi court suspended the deployment of 1000 police officers to Haiti although the case is yet to be determined on 26 January 2024. 

Unfortunately, Ruto went ahead and constituted a Haiti delegation in Kenya to oversee the process of the 1000 police officers’ deployment at any time.

on Tuesday, January 2, 2024, the head of State vowed to defy the orders blocking the levy collection by January 10, 2024. Ruto’s remarks are against those whom he perceived as his enemies for going to court to oppose his development projects for Kenyans. LSK remained firm that the courts had already spoken about the unconstitutionality of the housing law as it is currently enacted yet the president is forcing it on citizens.

On Monday, 18 December 2023 while in Kisii County, Ruto suggested the use of his ceremonial sword to deal with persons opposing the Housing Levy through the courts. The LSK Council termed the remarks a direct threat to the Third Arm of Government – the Judiciary. 

Recently he vowed that the Universal Health Coverage (UHC), Housing Levy, Selling Parastals valued at Ksh 200 billion, Affordable Housing Project, and Sending Kenyans to foreign countries for job opportunities or labour emigration deals, just to mention but a few, that will still go on and not be stopped whatsoever. Ruto said these when he presided over last year’s (2023) Baringo Cultural Fair and Kimalel Goat Auction.

These are presidential stances that lawyers see as threats to the rule of law. Kenyans are just exercising their democratic rights by utilizing constitutional court processes to question government decisions. Yet the president sees them as adversaries of his administration’s national progress.  

These are just some of the decisions the president has made that could be misleading and deeply troubling to citizens who are the taxpayers.