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Why Ruto Is Planning to Move to Court Immediately

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President William Samoei Ruto is preparing to move to court to seek a definitive legal interpretation on the place of a political manifesto in governance, a move that could have far-reaching implications on how policies are implemented in Kenya.

Why Ruto Is Planning to Move to Court ImmediatelyPresident William Samoei Ruto is preparing to move to court to seek a definitive legal interpretation on the place of a political manifesto in governance, a move that could have far-reaching implications on how policies are implemented in Kenya.The plan was revealed by Denis Itumbi, who works at the Executive Office of the President, and centres on a fundamental constitutional question: does a ruling party’s manifesto, endorsed by voters through an election, amount to sufficient public participation?According to President Ruto’s argument, a manifesto is not merely a campaign document but a social contract between leaders and citizens. When a majority of voters endorse a party or candidate at the ballot, he argues, they effectively approve the policies and promises contained in that manifesto. On this basis, the President believes courts should not routinely halt the implementation of manifesto proposals on grounds of inadequate public participation, since the electorate already expressed its will during the election.The Head of State is concerned that frequent court injunctions against government projects and reforms risk undermining the authority of the ballot. In his view, elections represent the highest expression of popular sovereignty, and leaders should be allowed to implement what they were elected to do, subject to constitutional limits.The debate, however, raises deeper questions about governance and democracy. While supporters argue that leaders who fail to implement their manifestos are ultimately punished by voters at the next election, critics insist that every major policy must still undergo fresh legal scrutiny and structured public participation, regardless of campaign promises.There is also concern that public participation processes can be weaponised politically, especially by groups that lost at the polls, turning consultations into platforms for opposition rather than consensus-building.By seeking court guidance, President Ruto hopes to settle this debate once and for all, clarifying whether elections alone confer a sufficient mandate for policy implementation, or whether manifesto promises must always pass additional participatory and legal tests. The outcome could redefine the balance between electoral mandate, public participation, and judicial oversight in Kenya’s democracy.

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