Courts should deny AG audience until Executive starts obeying its orders

October 29, 2021 By: MUHURI

Uhuru Kenyatta’s regime has become notoriously infamous for disregarding court orders. It is open defiance to the rule of law and the constitution that the President and his deputy, William Ruto, swore to protect.

The regime’s lack of respect for court orders, decisions, and declarations, invites anarchy and impunity.

The dignity, repute and authority of the judicial system are under assault, its integrity undermined. Breaks must be slammed. The Executive is on a willful illegal override. Sanctions must be imposed to redress the misconduct.

President Uhuru is on record rebuking respected judges, and he must be called out. His attack on the Judiciary is a mark of a government that is unresponsive and ineffective, which must relinquish power.

The course to reaffirm judicial authority and respect for court orders is on, and MUHURI supports efforts that build public confidence in the rule of law. Former Chief Justice (CJ) Willy Mutunga’s decision to bring back deported advocate, Miguna Miguna, is commendable and must be supported by all.

For at least 15 times, this regime has disobeyed court orders to allow Miguna back following his deportation on February 7, 2018, after the mock swearing-in of Raila Odinga on January 30, 2018. The court ruled that the action was not unlawful. Then the government said Miguna was not a Kenyan citizen, but the court has since trashed this claim and confirmed the advocate is a Kenyan citizen by birth.

The president has also refused to appoint six judges to the appellate and environment and lands courts despite a court order saying his decision is unlawful.

The court cannot issue orders in vain. Officers acting in contempt of these orders must be held accountable.

Article 159 of the Kenya Constitution upholds judicial authority. It is non-negotiable and binds all and sundry. The Judiciary must be upheld as sacrosanct.

Article 160 of the constitution affirms Judiciary independence thus: “The Judiciary, as constituted by Article 161, shall be subject only to this Constitution and the law and shall not be subject to the control or direction of any person or authority.”

The courts should consider denying the Attorney-General (AG), the principal legal adviser to the government, an audience until all court orders that have not been appealed and stayed—and any that they may issue in future—are enforced.

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