Disregard for the Judiciary has now become the general rule

By Nyandoro Kambi  
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Recent pronouncements by Kenyan leaders across the divide have put the Judiciary on the receiving end. Not only has this fundamental arm of government been compared to a sitting duck but it has also come under a flurry of scathing attacks often characterised by outright display of contempt against decisions delivered by the courts. In what can be termed lynch mob mentality, respectable leaders have fallen off the wagon of objectivity and joined in the fray of rouble rousers.

Clearly, our nation is on a perilous path and if something is not done soonest to restore sobriety then we might as well give up our forward match to the promised land of Canaan- a path well defined by our most cherished progressive Constitution, and forget the nearly five decades spent to ensure Kenya becomes a country governed by principles of constitutionalism, rule of law, respect for fundamental human rights, freedoms and liberties. Above all these is the regard for the Judiciary. The critical bearing this organ has on the development and general wellbeing of any society cannot be gainsaid. So much water has gone under the bridge of annals of history to emphasize this vital truth.

To term a court ruling, judgment or decision idiotic is therefore profoundly disturbing to say the least. To declare a judicial stand on any issue non-consequential is an abnormality on a borderline with rabid insanity. And surprisingly enough, the decibel count on these absurdities is fast on the rise; nearly assuming the posture of normalcy. Indeed, disregard for the judicial institutions has now become the general rule; homage the exception. A plethora of court orders and injunctions that have been issued to either compel the performance of certain actions or stopping government agencies from acting in a particular manner of late are like non events.

Kenyan history is replete with evidence of decadence in this regard. Barely six months had elapsed after the promulgation of the Constitution in 2010 before characteristically unconstitutional appointments were attempted. In some instances even court injunctions were issued to restore order but to no avail. County commissioners hither to continue to hold offices in spite of the High Court orders barring them from doing so: to them the Judiciary belongs in the sleazy pit and not worthy of serious attention.

A lot more has followed. Strikes by doctors, nurses, lecturers and teachers have continued despite court orders temporarily stopping such pending negotiations.

The august house has also joined this mendacious lot. Of late the personalities within its functionaries have been spewing vitriol. National Assembly Speaker Justin Muturi has in the recent past declined to uphold court rulings terming them useless. He declared some court orders “idiotic”.

The Executive is the latest entrant in the pool. The President has taken long to swear the 23 judges nominated by the National Assembly for appointment in the long run; it is Kenyans who end up suffering because their cases will take long to be determined because the current number of judges is overwhelmed by the backlog of cases.

Term it democracy on trial if you like but I won’t mince my words but to say so is euphemistic of the bitter reality. Actually, the excruciating truth is that the country is tightly gripped in the jaws of forces of darkness.

Virtually, all those who find court decisions unpalatable to their otherwise diabolic political courses have now formed part of the litany of the God forsaken brigades and stretches out like the Banquo’s line of kings to the crack of dawn, threatening to engulf even the most dignified alumni of the highly respected philosophical lounges.

Woe unto them who bury their heads in the sand while the goddess of rectitude is asphyxiated and is crying out for our help. The tribulations of Pastor Martin Niomoller will soon catch up with everyone in this country when the modern day Hitler’s regime is done with our Judiciary. And we will all contrite: “they came for me, and there was no one for me.” 

 

The writer is an Advocate of the High Court of Kenya and the Founder of Dr Nyandoro Kambi Foundation