Muturi slams Ruto's incompetence remark, terms Waqf unconstitutional

Cabinet Secretary for Public Service Justin Muturi has dismissed accusations of incompetence leveled against him by President William Ruto. 

The President, while hosting an Iftar dinner for the Muslim community on Tuesday, March 26, at State House, Nairobi, blamed the former Attorney General for derailing the rollout of a proposed Muslim Endowment Fund (Waqf). 

Waqf, a charitable asset whose income is permanently dedicated to religious and charitable purposes, including education, healthcare, and social services, was enacted in 2022 but has faced delays in implementation. 

"I agree with you that the Muslim Endowment Fund has taken too long. There is no reason. I had a problem with the AG who was there, he was fairly incompetent, but we now have a competent lady, and I can assure you that the issue will be sorted out," said Ruto. 

However, in a quick rejoinder on X, CS Muturi defended his position, citing the lack of a law establishing the fund. 

“Under the Waqf Act No. 8 of 2022, there’s no provision for a ‘Muslim Endowment Fund,’” he wrote. 

“It must be understood that a Waqf is a religious, charitable, or benevolent endowment by a person who professes the Muslim faith and is managed by the Waqf Commission,” he added.

President Ruto’s allegation marked the first direct attack aimed at Muturi since their relationship strained following an alleged abduction of the latter’s son, a matter Muturi insists must be addressed in the cabinet.

Despite Ruto’s remarks on incompetency, an exit report released at the sudden end of Muturi's tenure at the State Law Office revealed several legal wins during the two years he served as the government’s chief legal advisor. 

According to the report, Muturi successfully defended the government in 1,503 cases out of the 1,588 cases reviewed at the time. These wins, the report adds, saved Kenyans an estimated Sh17.5 billion. 

Among the cases won was an appeal of a case lost in the High Court, where a contractor, Kabuito Contractors Ltd, was awarded Sh3.1 billion in a dispute involving a 1997 tender to maintain roads within Nairobi’s Central Business District (CBD). 

The contractor's appeal at the Supreme Court was dismissed, saving the government Sh5.2 billion, including the interest accrued.

Furthermore, the exit report revealed that he provided timely legal counsel to state ministries, departments, and agencies, helping them negotiate agreements and treaties as mandated by law. 

“The advisories issued were with regard to providing guidance to ensure that development projects and initiatives are implemented in accordance with existing laws and regulations, reviewing existing and new policies supporting the legal aspects of setting up social enterprises that align with the bottom-up agenda, including structuring, compliance, and governance,” reads the report in part. 

However, Muturi’s tenure also saw significant losses that threatened to derail President Ruto’s flagship projects. 

The High Court ruled the housing levy unconstitutional, despite it being in force, while the President's attempt to reward loyalists through appointments as Chief Administrative Secretaries was declared irregular by the court. 

State lawyers also suffered a loss at the Court of Appeal in an attempt to overturn a High Court ruling that suspended a cabinet resolution to lift the ban on GMO foods. 

However, Muturi had earlier suggested that he was being sidelined in some cases.