You've crossed the line! Raila tells Ruto over 'corrupt' judiciary remark

"Ruto must learn that his best insurance is to obey the law."

In Summary

• On Tuesday, a tough-talking Ruto accused the Judiciary of colluding with cartels to stall government projects.

• The courts have in recent days put a stop to Ruto's key manifesto projects including the 1.5 per cent housing levy which is expected to fund the affordable housing project.

Azimio leader Raila Odinga on December 16, 2023.
Azimio leader Raila Odinga on December 16, 2023.
Image: RAILA ODINGA/X

Azimio leader Raila Odinga has lashed out at President William Ruto for labelling the Judiciary as corrupt, saying the Head of State has crossed the line.

In a statement on Wednesday, Raila said Ruto's threats against the Judiciary amount to intimidation and disregard of the rule of law and serve as a diversionary tactic from the pressing social and economic pressures facing Kenyans.

"If there was ever any doubt about the malevolent intent of the Kenya Kwanza regime in regard to the Constitution of Kenya, yesterday’s attack by William Ruto on the Judiciary removes all the doubt," Raila said.

On Tuesday, a tough-talking Ruto accused the Judiciary of colluding with cartels to stall government projects and frustrate government efforts to streamline operations at the National Hospital Insurance Fund.

The President said that while his resolve to protect judicial independence remains unwavering, he will not allow a few individuals to abuse the judicial process by bribing judges to render rulings in their favour.

"I want to announce here that a few people with vested interests who are beneficiaries of corruption in NHIF are now ganging up with corrupt judicial officers to stall reforms so that fake hospital claims will continue. I want to assure you that this will not happen in Kenya again, and we will stop it,” he said.

He spoke during the burial of Senator John Methu's father in Nyandarua.

“We will protect independent of the Judiciary, [but] what we will not allow is judicial impunity and tyranny,” Ruto said.

But in a statement, Raila said the President should be the last person to claim that the Judiciary is a corrupt entity while he is one of the biggest beneficiaries of the judicial system.

"Ruto's entire political career has been saved by the Judiciary," Raila said.

"It is ridiculous to now hear the biggest political beneficiary of judicial decisions in Kenya's history now accuse the institution of sabotaging him."

He added that Ruto's rage is a ploy to intimidate and subdue the Judiciary and take the country back to the dark days when courts were used to pass judgments in favour of the Executive.

"He wants Judges not to hear cases against his policies, dismiss such cases, or always rule in his favour," he said.

"The current level of political and personal attacks on the judiciary by Mr. Ruto is therefore completely unacceptable. Ruto has crossed the line and we will not allow it."

The courts have in recent days put a stop to Ruto's key manifesto projects, including the 1.5 per cent housing levy, which is expected to fund the affordable housing project.

The court ruled that the levy is discriminatory as only salaried Kenyans are paying and declared it unconstitutional.

The courts have also brought to a screeching halt three Health Acts Ruto wants to use to establish a digital medical cover that is aimed at enforcing equal access to medical care by all Kenyans, including the poor.

The affected Acts are the Social Health Insurance Act, 2023; the Primary Health Care Act, 2023 and the Digital Health Act, 2023.

"That in the meantime, a conservatory order is hereby issued restraining the respondents, their agents and or anyone acting on their directives from implementing and or enforcing the Social Health Insurance Act, 2023; the Primary Health Care Act, 2023 and the Digital Health Act, 2023 until February 7, 2024," Justice Chacha Mwita ruled on November 27, 2023.

Raila reminded Ruto that whilst the Azimio coalition did not agree with the Supreme Court ruling that upheld his win at the August 9, 2022, polls, the outfit respected the decision in furtherance of the rule of law.

"It remains our position to date that disobeying court rulings is a sure path to chaos and the collapse of a nation," Raila said.

"Azimio complained and still holds its position that no justice was done in 2022 but we have at every corner stood unwavering in our respect for the Judiciary, its judges and decisions."

While admitting that there are elements of corruption in the Judiciary, Raila said the President's attempt to paint the Judiciary as the most corrupt of the three arms of government is appalling.

He cited the collapse of high-profile cases and various scandals whose origin he said can be traced back to the government.

"The Executive is where the petroleum, the Sh16.5 billion edible oils, the Sh17 billion fuel scam, the duty-free rice, maize, the KCPE exam printing, the Sh3.7 billion insecticide-treated mosquito nets deal, among other scams, were conceived and executed," Raila said.

"Ruto has not expressed anger at these deals because they belong to the Executive."

The Azimio boss said the courts have since the unveiling of the 2010 Constitution acted as a fair arbiter both for and against the government and never shied away from speaking truth to power when the occasion demanded.

He said the President should not expect anything less so long as the courts act within the confines of the Constitution in rendering judgments on social, political, and economic tribulations facing Kenyans today.

"We appeal to the Judiciary to stand firm in defense of professionalism, independence, the rule of law and constitutionalism. I trust that they will not allow judicial proceedings and decisions to be determined by Ruto’s tantrums," Raila said.

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