In Summary
  • While the Executive, led by President Uhuru Kenyatta, ought to lead by example in protecting the rule of law, its officers have defied court order upon court order, in what legal experts fear could plunge Kenya into authoritarianism.
  • The recent cases of disobedience have resulted in concerns that the country is fast degenerating into lawlessness, as leaders condemn the government for failure to heed the law it claims to protect.
  • Chief Justice David Maraga has previously termed defiance to court orders “inimical to the rule of law” and “completely at odds with Kenyans’ constitutional rights”.

The two-year citizenship debacle involving Canada-based political activist and lawyer Miguna Miguna has exposed the Jubilee government’s soft underbelly when it comes to compliance with court orders.

While the Executive, led by President Uhuru Kenyatta, ought to lead by example in protecting the rule of law, its officers have defied court order upon court order, in what legal experts fear could plunge Kenya into authoritarianism.

In the majority of these incidents, senior State officers have brazenly committed contempt of court, in what has shaped up as supremacy battles between the Executive and the Judiciary.

Before defying High Court orders to allow and facilitate Dr Miguna’s return, State officers had refused to comply with several other directives.

Producing Miguna in court

In February 2018, Justice Luka Kimaru ordered Interior Cabinet Secretary Fred Matiang’i, Principal Secretary Dr Karanja Kibicho and then Inspector-General of Police Joseph Bonnet to produce Dr Miguna in court.

Courtesy of The Nation

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