Lead image for Ruto revives questions on Executive, Judiciary tensions as Kenya marks Katiba Day.
President William Ruto has questioned how much “constitutional space” an elected government should have to implement the manifestos on which it won power, in remarks that could reignite debate over the Judiciary’s role in reviewing some of his administration’s flagship policies.
Speaking Thursday during the commemoration of Katiba Day in Nairobi, the Head of State wondered where the line should be drawn between judicial review of government action and policy choices that, under the constitution, belong to elected institutions.
How much constitutional space must an elected government have to implement the programme upon which it was elected?” Dr Ruto asked.
“When that programme is challenged, how should courts distinguish between reviewing constitutionality and making policy choices constitutionally entrusted to elected institutions?”
The remarks come against the backdrop of a series of court battles that have always disrupted or halted elements of the Kenya Kwanza administration’s agenda since it came to power in 2022.
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President Ruto, however, was careful to acknowledge the Judiciary’s constitutional mandate, saying judicial independence was not in question.
“These questions do not constitute an infringement on the Judiciary. Judicial independence is non-negotiable. Courts must remain free to interpret the Constitution, protect rights, and invalidate unlawful action,” he explained.