Every time a court rules against the executive on a matter of public finance or administrative action, a familiar chorus follows: the judiciary is overreaching, courts are frustrating development, judges should defer to elected officials.
That Is Precisely the Point
A judiciary that only ever agrees with the executive is not independent — it is decorative. The 2010 Constitution deliberately built courts with the power to check executive and legislative action specifically because unchecked power, however well-intentioned, tends toward abuse.
None of this means every ruling is correct, or that courts are above criticism. But the criticism should engage with the legal reasoning, not simply object to the fact that a check exists at all.
A Healthier Framing
Kenyans across the political spectrum should want a judiciary willing to rule against whoever holds power, precisely because power changes hands. The test of judicial independence is not whether it is convenient for the current administration — it is whether it would still function the same way under a different one.
