Is Kenya's Judiciary out to Muzzle the Executive?

There is an emerging vicious battle between the Judiciary and the Executive. In the recent past, we have witnessed an array of court verdicts suppressing efforts advanced by the other arm of government.

The genesis of the split between the two arms of the government was triggered when former Chief Justice David Maraga nullified 2017 presidential election results. Uhuru’s first rebuttal was implemented with budget cut for the Judiciary.

President Uhuru Kenyatta’s government notoriety in disregarding court orders has put him in a tight corner. The Attorney General has been on the receiving end with numerous calls for his resignation on allegations of failing to offer judicious legal advice to the president.

The deportation of Miguna Miguna was reversed by the court, but the government insisted that he should not be allowed back in Kenya. Miguna prove to be a Kenyan but his plea was quashed by the hawk-eyed government through the Interior Ministry under the no-nonsense CS Dr. Fred Matiang’i. 

The recent commissioning of the refurbished Kenya Meat Commission (KMC) under the Kenya Defense Forces (KFD) was in contradiction of a court order that halted the transfer from the Ministry of Agriculture to that one of Defense.

According to the High Court, in its BBI verdict, declared the violation committed by the president as impeachable. The five-judge bench rendered BBI Bill unconstitutional. The decision was a major blow to both President Uhuru and ODM leader Raila Odinga.

President Uhuru Kenyatta is staring at a bleak retirement complicated by plummeting economy, rampant graft and polarized country along two antagonistic camps dubbed ‘kieleweke’ and ‘tangatanga’. 

Since the BBI ruling shocker, Uhuru has embarked on a mission to commission some of the government projects. His failure to appoint 41 extra judges as recommended by Judicial Service Commission (JSC) has put him on a collision course with the judiciary. 

The Executive is being hounded by the Judiciary. The latest blow to the Executive is the High court’s decision to quash the state appointment of 128 parastatal heads made in 2018. The court concluded that there was lack of transparency and fair competition.

Previously, the court declared that the positions of Chief Administrative Secretaries (CASs) as unconstitutional. Politicians have, on numerous occasions, attacked the courts for making decisions that doesn’t favor them.