The lawyer has warned that the Judiciary runs the risk of failing to effectively protect Kenyans if it “goes to bed” with the Executive.
“To us already, we are starting feeling that the Executive wants to go in bed with the Judiciary. Is there an intention to subvert the rule of law? Who will protect Wanjiku?” Omari asked.
His remarks were in reference to a declaration by President Ruto on Tuesday that he would increase the budgetary allocation to the Judiciary by Sh3 billion annually for the next five years.
“Our campaign for the financial independence of the judiciary has paid off with the implementation of the judiciary fund on July 1 this year. My administration will scale up the budgetary allocation to the judiciary by an additional Sh3 billion annually for the next five years,” Ruto said.
But in an interview with the Standard on Wednesday, Omari said that whereas it’s a commendable development, the move runs the risk of robbing the judiciary of its independence.
“If the Judiciary gets everything that they are asking, will they have the capacity to give orders against the government? Are we likely to see a Judiciary that was there under the old Constitution when it was a department of the Executive?” Omari asked.
In his address on Tuesday, Ruto stated that his administration would respect judicial decisions and cement the place of Kenya as a country anchored on democracy and the rule of law.
He reiterated the same remarks on Wednesday after witnessing the swearing-in of the six judges at State House saying his government will not tolerate impunity.
But Omari asked the judiciary to be cautious with what he insinuated to be goodies meant to entice it into bed with the executive arm of government.
He reminded the judiciary of its constitutional mandate as the custodian of the interests of the citizens.
“But let us not blame the executive for now but the indicators are very clear that under Uhuru Kenyatta, the Judiciary protected the citizens against the excessive power of President Kenyatta. Under William Ruto, the Judiciary and the Executive are almost the same,” Omari said.
“Who will protect Kenyans the day Kenyans will be coming to cry?” Omari asked warning that globally, governments eat their own citizens.
“The only institution that keeps the citizens alive and protected is the Judiciary,” Omari said.
He added that it’s their hope in the legal profession that the Judiciary will not abdicate its role to provide Kenyan citizens with the protection they need.