Ruto raises concern over Judicial overreach, says some rulings undermine Public Interest

The President said the Judiciary should be cognisant of the consequences their decisions may have on the lives and livelihoods of the people.

He noted that on multiple occasions, the Judiciary has ruled against policies outlined in a ruling party’s manifesto, a document endorsed by Kenyans in an election.

He pointed out that Kenyans are the ultimate authority in national affairs and they exercise this authority through their votes.

“On certain occasions, I have questioned judicial decisions that appeared to impede the implementation of critical public policy priorities, and I have raised concern where some rulings seemed to cross into the realm of judicial overreach, or even tyranny,” President Ruto said.

The President spoke during the swearing-in of 15 newly appointed judges of the Court of Appeal at State House, Nairobi, on Wednesday.

Present at the event were Deputy President Kithure Kindiki, Prime Cabinet Secretary Musalia Mudavadi, Attorney-General Dorcas Oduor, Chief Justice Martha Koome, and Deputy Chief Justice Philomena Mwilu.

Others were Cabinet Secretaries Kipchumba Murkomen, Alice Wahome, Soipan Tuya and Salim Mvurya, and Solicitor-General Shadrack Mose, among others.

Consequently, President Ruto said he wil go to court to seek clarification on the position of the ruling party’s manifesto in the policies and programmes of Government.

He explained that a manifesto is a powerful document that steers the country’s politics away from personalities and instead fosters discourse  on policies, programmes, and ideas.

But at the same time, the President pointed out that disagreeing with court decisions does not mean disregard or contempt for the courts.

“It is the nature of democracy that we will not always agree with every decision of the courts, and I have been candid about this reality,” he said.

He also explained that his administration has consistently respected court decisions and chosen the lawful path of appeal, where available, rather than defiance or disregard of court orders.

“I want to give you my undertaking that this administration will not disregard any court ruling,” he said.

He noted that the government remains committed to ensuring that the rule of law prevails.

“Without it, no policy, no programme, and no government can endure,” he said.

Meanwhile, President Ruto said the government is strengthening the Judiciary with additional human resources and budgetary allocations to empower it to deliver on its mandate.

In 2022, the President pointed out, 11 judges were appointed to the Court of Appeal four of whom President Ruto appointed immediately upon assuming office on 15th September, 2022.

Even though significant progress has been made, he explained, existing judicial capacity has not yet fully matched the growing number of cases, particularly in busy court stations.

The President said the appointment of 15 additional judges marked one of the most significant single reinforcements of the court in its recent history.

As of December 2025, he noted, the Court of Appeal had a pending caseload of 14,334 matters, with an overall case clearance rate of 68 per cent.

In the High Court, he explained, 60 new judges will have been appointed by March 2026 - wo in December 2022, a further 20 in May 2024, and a similar number will be hired in the recruitment process scheduled to begin on February 4, 2026.

He said the Judicial Service Commission has recruited 168 Resident Magistrates, significantly strengthening service delivery at the grassroots level.

“These appointments are enhancing judicial capacity where it is most needed and easing pressure across the justice system,” he said.

On budgetary allocation, President Ruto said the government increased the Judiciary’s budgetary allocation from KSh18.8 billion to KSh 21.8 billion in the 2023/2024 financial year.

“This commitment has been sustained and strengthened over the past three years, with the allocation rising to KSh26.9 billion in the current financial year,” he said.

Additionally, the President said the Cabinet had approved the Judges Retirement Benefits Bill, which has since passed the Second Reading in Parliament and in the final stages of consideration.

Hee said the retirement enhancement for judicial officials safeguards independence and ensures judges retire comfortably and with dignity.

With this support, President Ruto challenged the Judiciary to resolve cases and disputes faster, offer consistent and coherent jurisprudence, and decisions that reflect both constitutional fidelity and an appreciation of the  realities of the people of Kenya.

The President asked the judges to serve Kenyans diligently.

Court of Appeal judges sworn in on Wednesday included Hedwig Imbosa Ong’udi, Mathews Nduma Nderi, Linnet Mumo Ndolo, Enock Chacha Mwita, Lucy Mwihaki Njuguna, Samson Odhiambo Okongo, Rachel Chepkoech Ngetich, and Joseph Kipchumba Kigen Katwa.

Others were Stephen Andersen Radido Okiyo, Brown Murungi Kairaria, Ahmed Issack Hassan, Paul Lilan, Munyao Sila, Johnson Okoth Okello, and Byram Ongaya.