Disobeying court directives has consequences, says Chief Justice

Chief justice David Maraga at the supreme court during the presidential petition. [Photo by Beverlyne Musili/Standard]
All Kenyans must obey court orders regardless of their status in society, Chief Justice David Maraga (right) said yesterday. In apparent reference to the disregarded of court orders issued for the release of lawyer Miguna Miguna, the CJ warned that nobody was above the law.

Maraga issued a statement as pressure piled on Inspector General of Police Joseph Boinett and Directorate of Criminal Investigations boss George Kinoti to explain why they did not produce Miguna in court.

“Compliance of court orders is not an option for any individual or institution. Neither is it a favour to be doled out to the Judiciary,” said Maraga.

The stand taken by the CJ is likely to conflict with the Executive as the police have deported Miguna to Canada despite an order that they produce him in court.

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According to the CJ, disobedience of court order attracts punishment.

Last Friday, Justice Luka Kimaru granted an anticipatory bond of Sh50,000 to Miguna, who had just been arrested, but the police declined to release him and held him incommunicado.

Even after the High Court ruled that he be produced, the police played hide-and-seek with his lawyers and instead took him to Kajiado, where he was charged but refused to take plea, insisting that he be taken to the Miliman Law Courts in Nairobi.

On Tuesday, Kimaru told lawyers fighting for Miguna’s release that he would not leave his station until Miguna was produced, according to his orders. He waited in vain and the country would later learn that Miguna had been deported to Canada. 

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