NAIROBI, Kenya, Nov 4 – President William Ruto has urged the courts to consider the evidence of ruling coalition manifestos in public interest litigations challenging government flagship projects backed by manifestos.
During the opening ceremony of the Inaugural Supreme Court Conference, President Ruto explained that elections are not a mere charade and that electorates vote in a government based on its manifesto.
The President expressed this amidst a litany of litigations to impede some government projects, including the Affordable Housing Program, the Social Health Insurance Fund, and the new University Funding Formula, on the basis of unconstitutionality.
“How does the court help us to consolidate the place of getting away politics of personalities and ethnicity and taking it to the realm of issues, policies and programs?”
“How do we work together to consolidate the place of development trajectory, a national program backstopped by the people through an election and rolled out by an elected government,” he spoke at the Supreme Court Buildings.
The Head of State averred that the system of justice should consider the weight of a manifesto before thwarting government-initiated project saying the manifesto –which is a public declaration of policy-wields the will of the majority of the people who voted in a regime.
“What’s the place of a manifesto, a program that has been voted for by millions of Kenyans alongside a candidate and a party. What weight does the court put whenever there’s a challenge on a manifesto,” President Ruto remarked.
President Ruto decried that judicial activism has played out in the corridors of justice following certain rulings issued to thwart unpopular flagship projects including the affordable housing project to steal the glory.
“If you have a program that it’s not populist. As an politician you have to balance between being popular and doing the right thing. Sometimes they don’t go together, you sacrifice your popular capital to do the right thing but then the court decides to be popular and undermine the agenda you have,”he expressed.
President Ruto pushed for robust consultation between the two arms of government without hindering their independence as espoused in the constitution to balance the place of politics around a program hinged on a manifesto.
“How do you respond to litigants, individuals that challenge a policy and a manifesto position canvassed among the citizens of Kenya, voted by the people and how do we use the place of manifesto to remove politics of person,” President Ruto said.
On 3rd October, the new university funding model faced a major setback after the High Court suspended its implementation, now in its second year.
If the government doesn’t appeal, they will be forced to go back to the drawing board as the decision leaves more than 250,000 students uncertain about the funding of their university
The Social Health Insurance Fund (SHIF) has also faced multiple court rulings due to legal challenges primarily focused on constitutional concerns.
The SHIF was introduced by the Kenyan government to replace the National Health Insurance Fund (NHIF) as part of a broader universal healthcare plan. However, the High Court declared three related health laws unconstitutional, citing a lack of public participation, and paused SHIF’s implementation, ordering the government to rectify the process within 120 days.
In response, the government appealed, arguing that halting SHIF would disrupt healthcare access for millions of Kenyans.
In October 2024, the Court of Appeal temporarily lifted the High Court’s ruling, allowing the government to continue SHIF’s rollout until a final decision is reached.
