Listen to This Article Enhance your reading experience by listening to this article.

They have staked their careers, ambitions and lives on the line defending Kenyans by waging court battles that stopped President William Ruto from implementing decisions that have been declared illegal by judges.

Busia Senator Okiya Omtatah, Nakuru surgeon Magare Gikenyi, activists Peter Agoro, Julius Ogogoh and Eliud Matindi are among Kenyans who have been a thorn in Ruto’s flesh by successfully challenging its plans in court.

Though they have no training in law, they have been taking State advocates head-on in courtrooms and on many occasions emerging winners.

They have faced off with senior counsel such as Fred Ngatia and former Attorney General Githu Muigai and won cases against the government.

Others litigants who have pitched tent in court to argue public interest cases against the Kenya Kwanza administration include lobbies led by the Law Society of Kenya, Katiba Institute, Kitu cha Sheria and Thirdway Alliance Kenya party which is led by Ekuru Aukot.

Omtatah is to many perhaps the last line of defence against the persons or institutions seeking to contravene the law as well as the proverbial cat among the pigeons having been elected into office.
The Senator has engaged in fierce court battles with the government over the implementation of the controversial Finance Act 2023, and the collection of new taxes.

The Senator, together with UK-based activist Matindi challenged the legality of the new tax law introduced even after Ruto had pleaded with him not to do so during a tour of Busia.

Due to their petition sections of the controversial Housing levy was declared unconstitutional. They again opposed the government’s attempts to have the illegal sections of the act continue being implemented and Kenyans being compelled to remit 1.5 per cent on affordable housing projects at the Court of Appeal which they again won on Friday last week.

LSK through its President Eric Theuri has opposed various government projects including the Finance Act and the creation of 23 CAS positions by the President.

Theuri also protested claims by the President that judges were being bribed to frustrate his projects by issuing stay orders.

“In the corridors of justice, there are always winners and losers and it is disturbing that, quite often, people will say they lost a case because of corruption even if they have not proved their allegations in court,” he said.

“I’m extremely sad that the President would say that he lost cases in court because of corruption because the corollary to that means that the cases he won in court are because of corruption.

“He cannot have his cake and eat it. Such kind of allegations by the President are extremely reckless, in bad taste with a view to undermine the authority of the Judiciary as well as the Kenyan people,” said Theuri.

To defend the independence of the Judiciary, the advocates led by Theuri a week ago staged a street protest in Nairobi against what they say is Ruto’s growing interference with the Judiciary.

Aukot successfully halted the government’s plan to send Kenyan police officers to Haiti, a move that could have earned the government the much-sought after dollars.

Matindi, who resides in the United Kingdom, and won over five cases against the State, has been filling his cases online and prosecuting them through the hybrid judiciary platform.

Matindi, together with Katiba Institute in July last year, also dealt another blow to Ruto’s government after they filed a petition where the High Court judges declared the position of chief administrative secretary (CAS) illegal, blocking 50 people he had appointed from assuming office.

Julius Ogogoh is the Executive Director Commission for Human Rights and Justice executive director and is a renowned activist and a litigant based in Mombasa.

He has successfully petitioned the State and the county government of Mombasa and has become a thorn in the flesh of many including State agencies in the coastal city.

He is currently in court challenging the appointment of businesswoman Mary Wambui as the chairperson of the Communication of Kenya claiming she lacks proper academic qualifications.

Last year, Ogogoh managed to have the government halted from implementing a plan to remove 35 per cent Import Duty on Cooking Oil. Then CS Moses Kuria had written to the National Treasury seeking to remove 35 per cent duty on imported cooking oil.

He also questioned the appointment of eight individuals to the positions of deputy director at a State corporation based in the Coast region.

Some eight people, who were Heads of Department at the Coast Water Works Development Agency, were 2020 promoted to deputy director following the introduction of a new human resource policy structure.

He also managed to have the appointment of John Mwangemi as KPA’s acting managing director halted.
Ogogo moved to court to challenge the appointment saying the board did not have a quorum to make such an appointment.

Justice Ben Ongaya of the Employment and Labour Relations Court ruled in favour of the rights group which had sought orders prohibiting Mwangemi from taking over as MD.

Last year, the lobby group successfully managed to have the recruitment for the position of the Kenya Port Authority (KPA) managing director halted until a new board of directors is constituted to oversee the process.

Former Mombasa Governor Ali Hassan Joho’s move to suspend Tuk Tuk registration in the county in a bid to ease congestion was stopped after a human rights group moved to court seeking to overturn the decision.

Ogogoh had asked the court to change the suspension because it would adversely affect the operators of the automobile and commuters at the same time.

Late last year, Ogogoh moved to court seeking the revocation of a 90-acre parcel of land comprising part of the protected mangrove forest in Mombasa that has allegedly been allocated to an individual.

Junior medics

The CAS position was first created by Ruto’s predecessor, Uhuru Kenyatta, in January 2018. But the court also declared Uhuru’s decision to create about 30 CASs illegal and unconstitutional following a petition by Omtatah.

On his side, Agoro who resides in Mombasa has challenged various decisions by the state including to invalidate a law that stops retired President Kenyatta from participating in active politics or holding a leadership position in a political party.

He moved to court seeking to quash the law citing that Section 6 of the Presidential Retirement Benefits Act is discriminatory and limits the Constitutional right to make political choices.

Gikenyi, who was suspended from the university after he disagreed with a colleague, has also challenged various decisions made by the government including Health Cabinet Secretary Susan Nakhumicha move to violate the constitution by promoting 59 junior medic officers to senior management positions in the ministry, Public Service Commission(PSC).

Gikenyi’s, together with Law Society of Kenya, last year obtained orders stopping the vetting of 51 PSs made by Ruto.

He also sued Nakuru Governor Susan Kihika and the Assembly, challenging the vetting and appointment of executives. The Labour Court in Nakuru on October 19, 2023 granted stop to the vetting.

Gikenyi describes himself as a dedicated patient-centred surgeon, a human rights champion and a family man who loves children.