Lawyer warns Kenya breeding lawlessness over ignored court orders

Advocate Evans Ogada on Spice FM. [Screengrab]

Advocate Evans Ogada has warned that Kenya is "breeding a culture of lawlessness" by repeatedly defying court orders.

He cited the government's continued push for a controversial US-linked Ebola quarantine facility at Laikipia Air Base despite a court order blocking it.

Speaking on Spice FM on Thursday, June 4, Ogada said the country risked descending into chaos, citing Haiti as a cautionary example.

"We are breeding a culture of lawlessness," said Ogada, adding, "We must nurture a culture of respect for the constitution, and that is called constitutionalism."

Ogada called on Chief Justice Martha Koome to act decisively against those flouting court orders.

"It is my call to the chief justice: the time for necessities and diplomacy when court orders are at stake is gone; you are the political head of the judiciary; you need to defend your offices," added Ogada.

He took aim at the US government over its conduct following the High Court's intervention in the Ebola facility row.

"When Justice Nyaundi delivered her order, the Americans should have had the decency of stopping everything happening in Laikipia," said Ogada.

High Court Judge Patricia Nyaundi on May 28 issued conservatory orders halting the establishment of any Ebola quarantine, isolation or treatment facility in Kenya under arrangements involving the US or any foreign government.

Nyaundi  also barred the admission of Ebola-exposed persons under the contested programme.

Despite the orders, around 20 flights carrying medical equipment and specialist staff have since landed at Laikipia Air Base, where the US government has continued building the facility.

Ogada also invoked a 2024 episode as evidence of a pattern of impunity.

Then-acting Inspector General of Police Gilbert Masengeli defied High Court summons seven consecutive times over the abduction of three men in Kitengela, with his legal team citing operational duties in Wajir.

He was subsequently sentenced to six months in prison for contempt of court.

Ogada urged both the judiciary and parliament to defend democratic institutions.

"They need to come in and say we need to keep this law working because when it collapses nobody will be spared," noted Ogada.