Politics
23 min read
Ruto's Fourth Year: Navigating Legal Storms in the Presidency
the-star.co.ke
January 19, 2026•3 days ago

AI-Generated SummaryAuto-generated
President William Ruto's administration has faced numerous court challenges since September 2022. Many policy declarations, appointments, and executive orders have been nullified or suspended by courts for constitutional violations, lack of public participation, or exceeding legal powers. These legal actions have significantly impeded the government's legislative and economic agenda, with frequent injunctions impacting key projects and initiatives.
President William Ruto has had to contend with several court cases and orders since ascending to power in September 2022.
Most of his policy declarations, legislative proposals, appointments, executive orders and declarations, economic policies and even international agreements with bilaterial partners have faced court action.
In most cases, Ruto’s programs or appointments have been nullified or suspended thus slamming breaks on his legislative or economic agenda and pet projects.
Courts quashed various government directives and regulations for constitutional violations and lack of public participation or failure to follow procedures provided for by the law.
In some other cases, the courts have found that the President or his ministers, have acted ultra vires (beyond their powers) and thus nullified their actions deemed offensive to the constitution or law.
Ruto’s administration gets at least five injunctions per month with orders ranging from temporary suspensions or overturning of his key declarations or actions.
The President and his government, has in some of the cases complied with the court directives while fighting others in appeal courts as he seeks to overturn the injunctions that he claims impede his transformation agenda.
Among the high-profile matters include the Affordable Housing, Universal Health Cover (SHA-SHIF), E-Citizen migration for all government payments, appointment of Chief Administrative Secretaries (CASs), signing of controversial bills into law etc.
Over last Christmas eve, the High Court issued orders barring the government from establishing, incorporating, registering, operationalizing, funding, or otherwise giving effect to the proposed National Infrastructure Fund, pending the hearing and determination.
This is the Sovereign Wealth Fund, that Ruto has declared will take Kenya’s economy to “Singapore” which now stays in limbo due to the court case.
The courts have overturned Ruto’s directive to parents to pay school fees through E-Citizen as well as blocking his executive directive for all state agencies to move their procurement services to the E-Government Procurement (E-GP) platform.
Not to be seen as not fighting in both the corridors of justice and the court of public opinion, at one time the head of state declared war on what he termed as ‘judicial impunity’ fuelled by alleged corrupt judges.
“Our Judiciary, we respect you but judicial impunity by corrupt judicial officers must stop in Kenya...we’ll stop it and whatever it takes,” Ruto said on New Year 2024 after several court decisions that went against the state.
“Ati watu wachache, wawili watatu wameenda kortini, wakahongana kortini mipango hiyo ikasimamishwa…barabara ikasimamishwa, Universal Health Coverage ikasimamishwa, mambo ya housing inasimamishwa…lazima tuulizane, lazima tuwe na mjadala,” he said.
Ruto’s most recent setback is the ongoing sale of shares held by the State in the Kenya Pipeline Company. Treasury is proceeding with planned issuance of shares to the public despite a court order suspending the same.
"Pending the inter partes hearing and determination of the applicant's notice of notion dated 14/08/2025, a conservatory order be and is hereby issued restraining the Respondents from offering for sale any shares of the Kenya Pipeline Company," Justice Bahati Mwamuye ordered on 15th August 2025, in a case filed by Cofek.
The Environment and Land Court also stopped the affordable housing project in Bungoma due to location disputes and non-compliance with earlier rulings.
Last year, a High Court ruling nullified President Ruto's creation of a body to advise on victim compensation, stating the mandate belongs to the Kenya National Commission on Human Rights (KNCHR). State has since complied.
A recently signed health cooperation deal signed between Kenya and the US government has had its implementation suspended by two different court orders.
Last December, Justice Chacha Mwita of the high court of issued an order suspending the framework signed on December 4 between the governments of Kenya and the United States, following a petition filed by Busia County Senator Okiya Omtatah challenging its legality on grounds including lack of public participation, lack of parliamentary approval, data protection concerns, fiscal responsibility, and other constitutional issues.
The high court had also issued tertiary stop orders in a similar case filed by the Consumer Federation of Kenya alleging violation of privacy and data laws over a clause in the deal allowing sharing of sharing of health records between the two countries.
On 28th August, 2025 the High Court barred Ruto’s administration from constructing a permanent church within the precincts of State House, Nairobi, or any other State Lodge, pending the determination of a petition challenging the move.
In a ruling delivered on Tuesday, Justice E.C. Mwita issued a conservatory order restraining the government and its agents “from constructing a permanent church or building associated with any religious faith within the Grounds of State House, Nairobi or any other State House or State Lodges until 18th November 2025.”
On 10th November 2025, the High Court quashed Ruto’s Executive Order No. 3 of 2024 on the management of State corporations, declaring key provisions of the State Corporations Act unconstitutional for undermining the mandate of the Public Service Commission (PSC).
Justice Chacha Mwita ruled that sections 5(3) and 27(c) of the Act violate Article 234(2) of the Constitution, which exclusively vests public service management powers in the PSC.
On 11th November 2025, the High Court quashed Ruto’s declaration of vacancies in the National Land Commission (NLC), ruling that two serving commissioners, Tiyah Galgalo Ali and Esther Murugi Mathenge, are entitled to complete their full six-year terms. The order has derailed the replacement of NLC commissioners who exited in November last year.
On October 22nd 2025, the High Court temporarily suspended the enforcement of key provisions of President William Ruto’s newly assented Computer Misuse Cybercrimes (Amendment) Act, 2025, pending the determination of a constitutional petition challenging its legality.
Justice Lawrence Mugambi on Wednesday, October 22, 2025, issued conservatory orders halting the implementation of Sections 27(1)(b), 27(1)(c), and 27(2) of the amended law.
The High Court has also temporarily halted the operation of President Ruto’s newly unveiled Multi-Agency Team on War Against Corruption following a petition challenging its legality.
Justice Bahati Mwamuye, in conservatory orders issued on August 20, 2025, directed that the proclamation establishing the team be suspended pending full hearing of the case.
President Ruto, in June 2025, appeared to disregard a court order while appointing commissioners of the Independent Electoral and Boundary Commission (IEBC). Judiciary delayed their swearing until the orders were vacated.
The court has also blocked Parliament from forwarding the Constitution of Kenya (Amendment) Bill, 2025—which aimed to entrench specific funds like the NG-CDF into the constitution—to the President for assent.
Justice Mwamuye also struck down the President's 20-member Presidential Task Force on Health Audit for unlawfully assuming functions reserved for the Kenya Human Resources Advisory Council.
Rate this article
Login to rate this article
Comments
Please login to comment
No comments yet. Be the first to comment!
