Mudavadi tells off Judiciary for letting "procedural issue supersede public interest"

As the national discourse around the controversy-riddled Finance Law which was recently signed by President Ruto gets hotter among Kenyans – beyond social or economic classes – the ruling coalition leadership is now on a warpath with judiciary.

The latest onslaught came from the Amani National Congresss party leader, Musalia Mudavadi, who in a thinly veiled attack on the wisdom behind the Friday High Court’s ruling said judges [in general] should prioritize public interests rather than hanging on procedural technicalities.

This followed the High Court’s suspension of the implementation and enforcement of the Finance Act, 2023 – in a conservatory order issued by Justice Mugure Thande, after the litigious Busia County senator, Hon. Okiya Omtatah and other activist filed a petition challenging the constitutionality of the Finance Bill, 2023.

Speaking in Elgeyo/Marakwet County during on Friday, Prime Cabinet Secretary Musalia Mudavadi took a swipe at Judiciary for turning a blind eye to the prevailing economic situation defining the country and issuing orders which militated against the government’s [urgent] plans to resuscitate the economy.

Mudavadi, while recognizing the existence of judicial independence under our new constitutional dispensation, stressed the need for the Koome-led arm of government to make decisions with the sole purpose of advancing public interest.

“It is true that the Judiciary must be independent, and it is also true that its independence is guaranteed within the constitution. But, it is also important that the judiciary becomes alive to what we call public interest.

“Public interest should always be taken into account when courts are pronouncing themselves on certain key matters,” the ANC party honcho said.

Judging that the issue in court was procedural and lacked legal substance, the former Finance Minister questioned how “a mere procedural issue supersedes public interest”. He asked judicial officers to steer clear of any attempt to take public interest for granted in their course of duty.

“The issue in court [challenging the legality and constitutionality of the Finance Bill 2023] is a procedural issue, not even substance in terms of law, but a mere procedural issue. Whoever made this decision, I hope you will reflect because how can a procedural issue supersede public interest?

“It is not possible and it’s not good for this country that public interest is taken for granted,” he added.

Mudavadi challenged the judiciary to use its wisdom to make what he termed as corrective action that’s in line with president Ruto’s economic recovery process – since “it’s a race against time”.

“I hope judiciary in its own wisdom will also make corrective actions because Kenya is moving and it is racing against time, the President has set the pace, we cannot afford to lose any more time,” he noted.

In the ruling that suspended the implementation of the novel Finance Law 2023, Justice Mugure Thande said the government was prohibited from effecting the law changes pending hearing and determination of the case filed by Omtatah and other active citizens.

In their court papers, the petitioners impugned the constitutionality of the new Finance Act 2023, saying that implementing it would amount to forcing Kenyan taxpayers to remit taxes unjustifiably.