Following repeated failures by security chiefs to obey court orders, Chief Justice David Maraga has finally spoken out on the matter.
In a statement issued on Wednesday, Justice Maraga condemned the blatant disregard of court orders by Government officers in the past few days which he termed as a worrying trend in the administration of justice.
He said disobeying a court order was not only a violation of the Constitution but also a dereliction of public duty.
“Compliance of court orders is not an option by an individual or institution. Neither is it a favour to be doled out to the Judiciary. Rather, it is a crucial matter of constitutional and civil obligation. If any party is aggrieved by a court order, there are legal mechanisms to have it reviewed, varied or set aside or even appealing against it,” read part of the statement.
The Chief Justice maintained that all state officers take oath of office to protect and uphold the constitution and therefore are obliged to comply with court orders.
“I wish to reiterate that every Government Officer, Government institution or private citizen is obliged to comply with court orders. Failure to do so there are consequences,” he added.
Maraga said judges and magistrates will invoke legal avenues to enforce the court orders.
High Court Judge Luka Kimaru had earlier ordered the Inspector General of Police Joseph Boinnet and Directorate of Criminal Investigations boss George Kinoti to appear before the court to explain their failure to produce opposition politician Miguna Miguna in court.
Failure by the two to produce Miguna amounted to contempt of court with Justice Kimaru making new orders requiring them to appear in person on Tuesday at 9am but they didn’t turn up.
Miguna Miguna was later deported to Canada. Government officials claimed he was deported because he had renounced his Kenyan citizenship.
The lawyer, however, while in Amsterdam denied saying he has never even contemplated of renouncing his Kenyan citizenship.
Maraga has since insisted that the Judiciary will continue its constitutional duties with independence and authority to ensure equality before the law is entrenched in Kenyan courts.