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Chief Justice Martha Koome has refuted claims that the judiciary reached an agreement with the executive on the implementation of the affordable housing programme.

Speaking during the Annual Conference for Judges of the Employment and Labour Relations Court in Naivasha on Thursday, March 21, 2024, CJ Koome stated that the judiciary is incapable of entering an agreement with the executive regarding a matter before the court.

Koome also stressed that the third arm of government is independent, and impartial and was not party to the case therefore they could not agree with the executive.

She strongly denied President William Ruto’s allegations stating that the judiciary was not a party in the course and that the president took the conversation out of context.

“Judiciary is not in any capacity able to enter into any agreement with the executive especially in a matter that is before court. The judiciary was not a party in that course and I tried myself to look at the clip where his excellency the President was quoted to have said he entered into an agreement with the judiciary.

“I am a judge, not a communication expert but what I could say or deduce from that conversation is that it was taken out of context or there was misinterpretation because what his excellency was saying is that he agreed with the judgement of the court that gave directions on what needed to be done to create a framework on how to administer the housing levy, and what he was telling Kenyans is that the Executive has complied with the directions given in the judgement,” the CJ said.

Chief Justice Koome sets the record straight: “There was no ‘agreement’ with the Executive on housing levy as reported by a section of the media.” pic.twitter.com/qD23At8mGx

— The Judiciary Kenya (@Kenyajudiciary) March 21, 2024

Ruto had earlier claimed that the Kenya Kwanza government had reached an agreement with the judiciary to formulate laws that govern the implementation of the affordable housing program.

“Tumekubaliana na mahakama tue na sheria ambayo itapanga mambo ya housing,” Ruto stated.

After signing the controversial bill into law on Monday, March 18, 2024, the president hailed the executive saying it had helped the government collect more funds to implement the program.

“Imetusaidia. Kuna watu hawakuwa wanalipa, sasa pesa imeongezeka zaidi so tunataka kushukuru mahakama wametusaidia kutuongezea pesa ya affordable housing (It has really helped us. Some people were not paying the levy, but the money has now increased so we want to thank the courts for helping us fetch more money for affordable housing)” he said.