President William Ruto has been forced to walk a tightrope after the courts dealt a major blow to some of his key legacy programmes.
Ruto was elected on the platform of ambitious programmes that he promised Kenyans including providing affordable homes and offering medical care for all.
However, the court this week ruled against the housing tax a payroll levy for the housing plan.
The courts also temporarily halted the implementation of the universal health coverage plan, handing Ruto another setback.
The two programmes are at the centre of Ruto's Bottom Up Economic Transformation Agenda that he sold to Kenyans ahead of last year's general elections.
Their delay could jolt his plans and work against his reelection bid, analysts say.
Political analyst Alexander Nyamboya said on Wednesday that the setbacks will affect the President's work plans.
"President Ruto was elected on the platform of some populist policies which if not implemented will cost him a second term," he said.
"There is fear within the President's team that courts could partly delay some of his agenda."
In a big blow to Ruto, a three-judge bench on Tuesday declared the housing levy unconstitutional.
The 1.5 per cent levy is intended to fund affordable housing that was imposed as part of a finance law adopted in June 2022.
Judges Lawrence Mugambi, Christine Meoli and David Majanja ruled that the introduction of the levy was discriminatory since it excluded Kenyans working in the informal sector.
"...That levy against persons in formal employment with the exclusion of other non-formal without justification, discriminatory, irrational, arbitrary and in violation of Articles 27, 201 of the constitution," Justice Majanja said.
However, the judges later stayed the ruling until Jan 10 to allow for the government to appeal.
The three-judge bench was appointed by Chief Justice Martha Koome and presided over by Majanja.
The law, which also doubled the fuel tax and increased the top income tax rate, sparked violent protests in July by the opposition.
In the same week, the court issued conservatory orders against the implementation of three health Acts by the Ministry of Health.
This is pending the determination of a petition filed by Joseph Aura.
Delivering the orders, Justice E.C Mwita said he was satisfied that the petition raises important constitutional and legal questions that deserve urgent and serious consideration.
"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," the judge ruled.
He directed that the pleadings be served on the respondents immediately and that they file their responses to the petition within 7 days after service.
"That once served, the petitioner will have 7 days to file and serve a supplementary affidavit, if need be, together with written submissions to the petition, not exceeding 10 pages," he said.
"That the respondents will then have 7 days after service to file and serve written submissions to the petition, not exceeding 10 pages each."
A robust health insurance plan was a key cog of President Ruto's campaigns.
The Social Health Insurance Act, of 2023 among other things provides for the extension of health insurance to all Kenyans based on member contributions, with government-subsidised coverage for the poor.
It also mandates the creation of three funds to cover different types of services and a new government agency to manage it all.
These are the Primary Healthcare Fund, the Social Health Insurance Fund and the Emergency, Chronic And Critical Illness Fund.
The Primary Health Care Act, 2023 provides a framework for the delivery, access and management of primary health care.
The Digital Health Act, 2023 on its part provides for the establishment of the Digital Health Agency and a framework for the provision of digital health services.
It considers health data as a strategic national asset and also promotes privacy, confidentiality and security of data for information sharing and use.
In the same week, suspended a decision by the state to lease some berths at the ports of Mombasa and Lamu County to private investors.
Justice Chacha Mwita said the order will be in place till December 6 when the court will issue further directions on the matter.
The case was filed by a group identifying themselves as the Taireni Association of Multimedia.
They have sued CS Treasury, CS Transport, the Attorney General and Kenya Ports Authority.
Justice Chacha Mwita directed that the pleadings be served immediately to the respondents and responses be filed within 3 days after service.
The government through the respondents had commenced the disposal of the berths at both Ports of Mombasa and Lamu through the tender offer dated November 17, 2023.