Who wrote President Uhuru Kenyatta’s Madaraka Day speech? Probably a Grade 2 dropout as senior counsel Ahmednasir Abdullahi suggested. The screed cemented Uhuru’s legacy as Kenya’s king of impunity, a hater of the rule of law.
On Tuesday, Uhuru devoted a chunk of his national celebrations' speech in Kisumu to bashing the Judiciary over the ruling that the Building Bridges Initiative process is unconstitutional. He accused the five-judge bench of incompetence and bad faith.
“From nullification of a presidential election in 2017 to an attempt to stop the will of the people through the BBI, the Judiciary has tested our constitutional limits,” he hissed.
“While I stand by the rule of law and I will always obey the decisions of the courts, I am also compelled by my position to heed the sovereign and supreme voice of the people of Kenya”.
President Uhuru Kenyatta respects the rule of law and always obeys court decisions? Go tell it to the birds. The countless court orders Uhuru has ignored underline his impunity and utter contempt for the rule of law.
Days before he spoke, the government and the President personally had notified the courts of their intention to appeal the BBI judgment. And here he was blasting the courts over a matter already before them. What is that, if not contempt and intimidation of the Judiciary?
And it wasn’t the first time. When the Supreme Court overturned his illegal re-election in 2017, an incensed Uhuru called the judges “wakora” and swore to “revisit” the Judiciary.
He did. His government has consistently frustrated the courts through severe budget cuts, disobedience of orders and public insults. Uhuru and his officials think nothing of court rulings they don’t like.
Lawyer Miguna Miguna is still in exile despite numerous court orders demanding his return. A week ago, Uhuru handed over Kenya Meat Commission to the military in spite of a court order declaring the transfer illegal.
Uhuru still runs Nairobi county government through General Mohammed Badi, even after the courts ruled that the Metropolitan Services the President created is illegal.
For nearly two years the President has refused to perform his constitutional duty of appointing 41 judges (one has since died) nominated by the Judicial Service Commission. When he finally gazetted the names on Thursday, he left out six, against the law.
As a result, the High Court and Court of Appeal are overstretched and the case backlog is growing. Kenyans are denied justice as the President watches. Because of sabotage by the Executive, the Court of Appeal is on the brink of becoming unconstitutional due to a shortage of judges. It has 13, just one above the minimum of 12 as the others wait to be sworn in.
The appeals court has stopped working in Nyeri, Meru, Busia, Eldoret, Nakuru and Kisii due to a lack of judges. Does Uhuru understand the financial and other implications of this on Kenyans?
Uhuru ignored an advisory by retired Chief Justice David Maraga to dissolve Parliament for failing to enact legislation on the two-thirds gender rule enshrined in the Constitution.
If it were entirely up to him, he would ignore the ruling against the BBI and proceed to a referendum.
His bitterness on Madaraka Day bespeaks a President with despotic tendencies who sees the law as a stumbling block to his political objectives. Uhuru hankers after the imperial presidency of his mentor the late former President Daniel arap Moi.
His increasing handing over of civilian roles to the military indicates a thirst for unquestioned power, which the Constitution rejects. How do you build a democracy without an independent Judiciary?
The President had the alternative of engaging the Judiciary leadership directly and expressing his concerns in private without exposing the institution to public ridicule. But that would be beneath him. Uhuru doesn’t think the Judiciary and Executive are equal and independent. He is superior.
That is why he chose a high profile public function, a national celebration to which he had invited a foreign head of state, to humiliate the Judiciary. How do you launch such a bitter and open quarrel on an auspicious national occasion when you have visitors?
Whether a Grade Two dropout wrote his speech or not, Uhuru deserves a clear and firm response from Chief Justice Martha Koome.
Otherwise, the public might think the President is right or conclude the new head of the Judiciary is timid or complicit in making the institution an appendage of the Executive.
