State House has attacked courts following a ruling that temporarily suspended the enforcement of a circular on the fresh vetting of procurement officers.
In a statement on Wednesday, Chief of Staff Nzioka Waita said the ruling showed that "agents of impunity have found refuge in courts to curtail justice".
On June 4, President Uhuru Kenyatta ordered all heads of procurement and accounting units in ministries, departments and state corporations to step aside.
The officials are required to submit their personal information ahead of the vetting to Head of Public Service
Joseph Kinyua
by June 8.
In a ruling earlier today, however,
Justice Onesmus Makau of the The Employment and Labour Relations Court prohibited the implementation of the circular with this directive.
The ruling followed a suit against the exercise that was filed by activist Okiya Omtatah.
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Waita said:
"It remains curious as to how the same person can secure so many ex-parte orders in the court of first instance. I dare say, if it looks like a duck , if it walks like a duck... then it is a duck."
He continued: "Whereas the Judiciary shouldn’t be condemned wholesale, [from the ruling] two things are now clear for all to see 1) Corruption is fighting back 2) Agents of impunity have found refuge in the court corridors.
But he said the government will not relent despite the number of obstacles it encounters.
"It is my prayer that the leadership of the Judiciary, upon whom the country has placed a lot of faith, will put its house in order."
Waita added that the
fight against corruption will be messy and uncomfortable but must take place for the greater good of the nation.
"Kenyans of goodwill must have the stomach for it," he said.
Chief Justice David Maraga asked for the court file but Omtatah said this is "unacceptable
interference with the independence of individual judges".
"The Chief Justice should know better and must resist the attempt to politicise the war on corruption. The war must be fought within the law. Even the devil must be given his due in the Judiciary."
The activist noted that there
is no choice between values and safety.
"Our safety can only be realised through strict adherence to our values, which include the rule of law and due process. Corruption cannot be fought with corruption and corrupting the law is the worst form of corruption," he said.
On the petitioner, Waita said:
"There are many great and conscientious judges in our Judiciary. I’m sure they’ll soon rise to the occasion and explain to the country what unique and extraordinary arguments the layman Omtatah advances in order to secure more ex-parte orders than any senior counsel ever has in Kenya."