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Constitutional bitter pill that maul Kenya presidency

 2010 constitution drastically curtailed presidential powers limiting the Head of State in making appointments anchored by the supreme laws of the land.

Mwai Kibaki was the last Kenya's powerful president who never suffered the wrath of judicial decisions.

Ruto's major setback

President William Ruto suffered a major setback when the High Court quashed his Cabinet Assistant Secretaries (CASs) appointments on Monday.

The 3 judge bench termed the appointment of 50 CASs as unconstitutional, for there was no public participation for the 27 extra appointees. 

Ruto had appointed his allies, including those who had been rejected by Kenyan voters in the 2022 general elections.

Azimio leaders, led by Raila Odinga and a host of ODM mandarins, applauded the Court's verdict and urged the president to respect judicial decisions.

The decision to overturn Ruto's appointments come days after the same court stopped the implementation of the Finance Act 2023.

The contentious Finance Act 2003 was contested in court by Busia Senator Okiya Omtata, where he had sought conservatory orders stopping it's implementation.

Many Kenyans hailed Omutata as their Messiah because the Act of Parliament had led to increased fuel prices.

Judicial Landmark Rulings

In 2017, the Supreme Court of Kenya under the then Chief Justice David Maraga nullified the presidential election results that had declared Uhuru Kenyatta as the winner.

The case had been filed by ODM leader Raila Odinga. Fresh elections were held, in which Raila ordered his supporters to boycott thus handing Uhuru a landslide win.

Uhuru was infuriated by the Courts decision in what led to an open attack on the judiciary.

He later used his executive powers, in conjunction with the legislature where he enjoyed a majority, to reduce the budget of the judiciary. 

Building Bridges Initiative (BBI), spearheaded by former president Uhuru Kenyatta and his 'handshake' colleague Raila Odinga died a natural death after the Supreme Court declared it unconstitutional.

Huduma Cards that were meant to replace the Identity Cards also suffered the same fate as BBI when they were declared unlawful.

Kenya judiciary continues to stamp it's authority as the third arm of government in checking the illegalities committed by both the Executive and Parliament.


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