Court Review: Ruto Faces Setbacks While Jalang’o Finds Relief

This week, the halls of justice were filled with a variety of noteworthy and public interest cases, ranging from the Finance Act ruling in the High Court to trials involving state officials.

Here is a summary of some of the cases addressed:

Ruto’s Health Act Suspended

President William Ruto’s Health Acts have hit another roadblock as the enforcement of three crucial laws has been put on hold by the High Court. The suspended laws – Social Health Insurance, Primary Health Care Act, and the Digital and Digital Health Act, have been challenged for their constitutionality. Justice Chacha Mwita has ruled that implementation be put on hold until February 2024. The suspension arises from a lawsuit initiated by activist Joseph Enock, who claims that the Social Health Insurance Act 2023 violates the Constitution. Enock’s legal representative Harrison Kinyanjui asserts that the Executive exceeded its authority by implementing the legislation without sufficient public involvement.

Finance Act Judgment

In another matter, the introduction of the housing levy in the Finance Act was deemed unconstitutional by a panel of three judges on Tuesday. The judges found the levy biased as only salaried workers were taxed, while those in the informal sector were exempt. The court, led by David Majanja, Christine Meoli, and Lawrence Mugambi, has decreed that Kenyans are obligated to persist in allocating 1.5 per cent of their incomes to the fund until January 10, 2024. This ruling was made after the state’s submission for a stay order to suspend the enforcement of the verdict. The state, represented by lawyer George Murugara, petitioned for a 45-day postponement of the directives.

Brian Mwenda’s Case

In March 2024, Brian Mwenda will stand trial for falsely representing himself as a High Court advocate. The prosecution has provided all evidence required by the court to the defence. Recently, the Milimani Chief Magistrate released a statement acknowledging that the state had delivered witness statements. March 11, 2024, has been slated as the date for Mwenda’s court hearing, during which he will respond to accusations of deceptive activities. To be precise, he stands charged with having forged a fictitious certificate of admission bearing the student code p 105/21249/22 under the name Brian Mwenda N.

Jalong’o Wins in ODM Expulsion

Lang’ata MP Felix Odiwuor, also referred to as Jalang’o, received a favourable ruling from the Political Parties Disputes Tribunal (PPDT), overturning the ODM Party’s decision to expel him. The decision also involved other leaders including Kisumu Senator Tom Ojienda, Elisha Odhiambo, Caroli Omondi, and Gideon Ochanda. Notably, not all members of the Tribunal agreed with the outcome. The majority, consisting of Desma Nungo and Stephen Musau, held the view that the party legislators had been denied a fair hearing in certain respects. Their main concern centred around the appointment of Professor Ben Sihanya as the chairperson of the Disciplinary Committee.