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State House accuses Judiciary of frustrating DCI & EACC's fight against corruption

A statement from State House said that in December the Judiciary prevented the charging of corruption suspects in court

President William Ruto during a meeting at State House, Nairobi on May 3, 2023

In a heated exchange between the office of President William Ruto and the Law Society of Kenya (LSK), State House Spokesperson Hussein Mohammed has accused the Judiciary of frustrating the prosecution of corruption suspects by the Ethics and Anti-Corruption Commission (EACC) and the Directorate of Criminal Investigations (DCI).

This comes in the aftermath of President Ruto's recent attack on the Judiciary, raising concerns about the relationship between the Executive and the Judiciary.

"Just last month, independent institutions were stopped from charging suspects of corruption. Should individuals investigated by the DCI and the EACC find refuge in courts to circumvent the criminal justice system?

"It is unacceptable that such suspects are now roaming free in our streets with impunity. No stretch of imagination can baptize this as judicial independence; it is, indeed, judicial impunity," Hussein said in a statement on Wednesday, January 3.

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The statement from State House also asserted President Ruto's commitment to upholding the rule of law and constitutional principles, emphasizing his respect for recent court orders related to the Affordable Housing Program.

While acknowledging the unacceptability of executive impunity, State House argued that impunity in the Judiciary and Legislature is equally reprehensible.

He contended that corruption, regardless of its location within the Judiciary, the Executive, or the Legislature, should not be shielded by the concept of judicial independence.

The spokesperson calls for accountability and the exposure of corruption wherever it may exist.

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Constitutional Obligations and State Mandate:

Mohammed asserted that the president's commitment to affordable and decent housing, universal health coverage, food production, social security, and education is in line with his constitutional obligation.

The State House spokesperson argued that such commitments should not be obstructed by corruption or judicial impunity.

The presidency also called for judicial reforms to counteract the influence of vested interests and corrupt judicial officials.

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As tensions rise between State House and the Law Society of Kenya, the allegations of the Judiciary frustrating the Executive's efforts bring the role of each branch of government into sharp focus.

The ongoing dialogue between the Executive and the Judiciary underscores the need for a delicate balance between independence and accountability, ensuring the effective delivery of services to the Kenyan people while upholding constitutional values.

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