A few years ago, people who dared to take the government to court for failing in its mandate or breaking the law, were considered mercenaries for hire.
Most weathered ugly storms as they sought various legal actions in a bid to protect the poor, the unrepresented and the vulnerable in society.
But today, they have wormed themselves into the hearts of Kenyans as they transform public interest litigation into a platform to stop the re-emergence of dictatorship.
That several individuals have in the recent past successfully petitioned the courts to either stop the government from implementing its policies or force it into undertaking any issue is a clear indication that the era when the enforcement of social and economic rights was considered a favour from the government is long gone.
Even the opposition has abandoned street protests to force the government into action and instead embraced the public interest litigation.
Since President Ruto took office, Kenyans have witnessed an unprecedented trend where the Judiciary has appeared to flex it is muscles and stopped the government on various fronts.
Before the promulgation of the 2010 Constitution, the State was by definition the embodiment of the public interest. As a result law and politics were tightly controlled. But the new Constitution opened doors for greater freedom to Kenyans with everyone free to seek court redress over any issue he or she feels aggrieved over.
Within a span of six months, Kenyans have witnessed Ruto’s plans to appoint Cabinet Administrative Secretaries, tax people for construction of houses, introduce a mandatory social health care contribution policy and privatise some parastatals stopped by the courts for violation of the law.
This has happened in the wake of claims that the Executive has muzzled Parliament.
Indeed High-profile Court judgments have showcased a newfound judicial independence, with the most notable ones being the nullification of presidential election results in 2017, the rejection of government efforts to force through constitutional changes in 2021 through the Building Bridges Initiative (BBI) and the recent rejection of the housing levy.
As members of the public become more aware of their rights, so have the Kenyan courts become bolder in making decisive judgments. The country must recognize the efforts of public interest litigants.