Kenya’s Chief Justice, David Maraga, hardly seeks the limelight. So when he speaks, his words have meaning and weight. Now, he has criticised the government’s recent defiance of a series of court orders, actions that he said, threaten the rule of law.
Chief Justice Maraga, who attracted global attention last September when he annulled Kenya’s presidential election, warned that government’s refusal to comply with various court orders over the last week undermined the constitution.
He declared, “In the last few days there have been worrying developments in the administration of justice that threaten the rule of law. The recent disregard of court orders is an act that is not only inimical to the rule of law but is also completely at odds with Kenya’s constitutional outlook. Compliance with court orders is not an option for any individual or institution. Neither is it a favour to be doled out to the Judiciary. Rather, it is a crucial matter of constitutional and civic obligation”.
A court order that television news channels shut down for providing live coverage of Raila Odinga’s self-inauguration be allowed to resume broadcasting was ignored for days and then only partially implemented. Two channels, including the leading Citizen TV, remain off the air.
A series of court orders to present the arrested opposition firebrand Miguna Miguna before a judge were also ignored in recent days, as well as orders to release him on bail. Eventually Miguna was deported to Canada last Friday, in defiance of High Court judge Luka Kimaru who said he must be brought before the court and released thereafter.
Judge Kimaru has warned that Kenya’s Police Chief and top detective may be charged with contempt. But Chief Justice Maraga was emphatic, “All state officers take an oath of office to protect and uphold the Constitution. To disobey a court order is not only a violation of the Constitution but also a dereliction of public duty”.
He expatiated further, “Courts are temples of justice and the places of refuge for those seeking protection. They must never be despoiled either through acts of physical transgressions or blatant disregard of their pronouncements”. The confrontation with the courts is seen as a worrying sign of a slide towards autocracy in Kenya, already jolted by six months of bitter political dispute over the re-election of President Uhuru Kenyatta last year.
