President William Ruto’s administration has faced a series of significant legal setbacks since he assumed office on September 13, 2022.
These setbacks include the quashing of key policies and appointments by the judiciary, which have challenged the government’s legal and constitutional approach to major national issues.
One of the prominent legal challenges emerged from the appointments of Chief Administrative Secretaries (CASs).
President Ruto’s administration faced criticism and legal scrutiny over the CAS positions, which were introduced to streamline administrative functions but were met with controversy regarding their constitutionality and necessity.
Contravened constitution
In early 2023, several lawsuits challenged the legality of these appointments, arguing that they contravened the Constitution and were a misuse of public resources.
The courts intervened and declared the position of CAS illegal.
The ruling followed a petition by activist Eliud Matindi and Senator Okiya Omtatah challenging the appointment of 50 CAS positions, which were created by President Ruto to help cabinet secretaries manage their dockets.
The court found that the creation of these positions, which cost an estimated Sh460 million annually, was not in line with constitutional requirements.
The CAS position was initially created by Ruto’s predecessor, Uhuru Kenyatta, but Ruto’s expansion of the role triggered legal challenges.
The court’s decision blocked the appointments and deemed the positions unconstitutional. This led to a judicial review that required the government to reconsider and adjust its CAS appointments.
The Finance Act 2023, introduced as part of the government’s fiscal policies, was another area of contention. The Act proposed several changes in tax policies and financial regulations aimed at enhancing revenue collection and economic management.
Civil society
However, various provisions faced legal challenges from civil society organizations and political opponents who argued that certain measures were unconstitutional or overly burdensome on taxpayers.
The two courts have since declared the act unconstitutional including sections 3 and 4 of the Affordable Housing Act, 2024.
This act was part of President Ruto’s flagship project aimed at addressing the housing crisis.
Recently the government suffered a major blow after the Court of appeal Judges Kathurima M’inoti, Agnes Murgor, and John Mativo found that several sections of the Act, including amendments to the Income Tax Act, Value Added Tax Act, Excise Duty Act, Retirement Benefits Act, and Export Processing Zones Act, were unconstitutional.
The judges ruled that these sections were introduced without proper public participation, violating constitutional requirements.
This ruling threatened to significantly reduce the National Treasury’s revenue, coming shortly after the government faced a provisional loss of Sh346 billion due to the rejection of the Finance Bill 2024.
The Treasury’s appeal to the Supreme Court was partially successful; the Supreme Court issued a suspension of the Court of Appeal’s decision pending further determination.
The government’s legal troubles continued with the High Court’s decision to declare the establishment of the Commission of Inquiry into the Shakahola Tragedy unconstitutional.
