Courts Hand Ruto Series of Defeats in 2025 Policy Battles

Kenya’s judiciary has delivered a series of rulings striking down key government actions, challenging the Ruto administration’s attempts to bypass constitutional safeguards and public participation.

In a series of high-profile cases, the courts have criticised decisions that undermined constitutional principles, with rulings spanning sectors such as public service governance, mining, education, and media policy. 

Judiciary Pushback on Attorney General’s Powers

A landmark decision saw the High Court declare unconstitutional an attempt by the Attorney General’s office to exempt state corporations and universities from the oversight of the Public Service Commission (PSC). In 2023, the Attorney General, working through the State Corporations Advisory Committee, issued a directive aimed at limiting the PSC’s role. 

The court found that the PSC’s mandate under Article 234 is exclusive, and cannot be altered by executive decree. Activist John Githongo and the Katiba Institute successfully challenged the move, emphasising that the directive undermined the independence of key constitutional institutions.

Presidential Taskforce on Protest Victims Quashed

The court also struck down the government’s creation of a panel to compensate victims of protest-related violence. The panel, chaired by law scholar Makau Mutua, was tasked with designing a compensation framework. However, the High Court ruled that such a body could not be established by presidential decree, affirming that responsibility for compensation lay with the Kenya National Commission on Human Rights, not the executive.

State Corporations Guidelines and Executive Orders

Further legal setbacks for the administration came in 2024 when the High Court invalidated guidelines placing state corporations under the control of the Treasury and an advisory committee. The Law Society of Kenya challenged the measures, arguing that they undermined the PSC’s constitutional autonomy. 

The court agreed, affirming that any attempt to weaken the PSC would compromise the professionalism and merit-based principles that govern public service.

Mining Regulations and Public Participation

The government’s attempt to overhaul the mining sector also faced legal challenges. In 2024, the administration introduced new regulations that raised fees and royalties for mining companies, but industry stakeholders argued they had not been consulted. The court ruled that the new regulations violated the constitutional requirement for public participation.

Digital Reforms and eCitizen Directive

The High Court also struck down the government’s directive to centralise school fee payments through the eCitizen platform. The court found the policy discriminatory against families without digital access, and ruled that the Sh50 convenience fee was unlawful. 

The Court of Appeal later upheld this decision, rejecting government claims that suspending the fee would disrupt operations. The judges emphasised that constitutional rights to equality and inclusivity cannot be compromised for administrative convenience.

Media Advertising Restrictions Overturned

In another significant ruling, the judiciary invalidated a government directive limiting advertising to the Kenya Broadcasting Corporation and a single private media firm. The Law Society of Kenya argued that the policy violated procurement laws and unfairly excluded other private media outlets. The court agreed, noting that restricting government advertising to state-controlled entities undermines media plurality and competition.