Kiambu Senator, Karungo wa Thang’wa, has ignited a legislative storm by proposing amendments to both the High Court and Judicial Service Commission (JSC) Acts, aiming to establish a Policies Court within the High Court.
This court would be exclusively dedicated to handling litigations challenging government policies, mirroring the existing Employment and Environmental Courts in the High Court. The Senator also proposed the imposition of a 30-day timeline for the conclusion of cases within this Policies Court, emphasizing efficiency.
“I have written to the Senate outlining my intentions to amend both the High Court and the JSC Acts. The objective is to establish a Policies Court within the High Court, dedicated to handling litigations challenging government policies, akin to the existing Employment and Environmental Courts in the High Court. This Court will be subject to a timeline, possibly 30 days, within which the cases should be concluded,” Karungo wrote.
Furthermore, Senator Thang’wa highlighted the need for a restructuring of the JSC membership to enhance accountability. He called for judges to undergo periodic assessments, similar to the evaluation of politicians every five years or through impeachment proceedings.
This legislative move comes in the wake of Kenyan President William Ruto’s recent accusations against some judicial officials. President Ruto triggered uproar after alleging that certain members of the judiciary were collaborating with his political opponents, engaging in corruption to obstruct key government policies. Ruto, elected in 2022 with promises to alleviate the hardships faced by ordinary Kenyans, has been campaigning to reduce public debt and cut what he views as “wasteful” government expenditure.
In a public address on Tuesday, Ruto stated, “It is not possible that we respect the judiciary (while) a few individuals who are beneficiaries of corruption are using corrupt judicial officials to block our development projects.” While emphasizing respect for democracy and the independence of the judiciary, he warned against what he termed “judicial tyranny” and “judicial impunity.”
These remarks by President Ruto have sparked outrage in legal circles. Chief Justice Martha Koome, in response, warned of the risk of “anarchy” if the judiciary’s independence is not respected. She stated, “When state or public officers threaten to defy court orders, the rule of law is imperiled, setting the stage for anarchy to prevail in a nation.”
The Judicial Service Commission, under Chief Justice Koome’s leadership, expressed concern about the public criticism and vilification of judges for issuing orders perceived to be against state programs and policies. Simultaneously, the Law Society of Kenya has called for nationwide demonstrations next week in response to the ongoing tensions.
Opposition leader Raila Odinga has criticized Ruto’s comments, stating that the President has “crossed a line” and deeming his criticisms of the judiciary unacceptable. Odinga has even threatened to resume anti-government protests this year if the Finance Act is not repealed.
