CJ Maraga’s Judiciary faces disrepute as a toothless dog

The government’s defiance of court orders in handling lawyer Miguna Miguna has lifted the lid on increasing trend putting the Judiciary in an awkward position of a toothless dog.

While sentencing Interior CS Fred Matiang’i, Inspector General of Police Joseph Boinnet and Immigration PS Gordon Kihalangwa for contempt of court, Justice George Odunga summed up the frustration the Judiciary goes through when senior government officials disobey court orders.

“They are the ones in charge of security and will not comply with any orders even if I was to issue a warrant of arrest. Even if I was to give the citizens authority to arrest them they still cannot be under the custody of their juniors,” the judge said.

Justice Odunga appeared resigned, his tone suggesting a man who had tried his best to instill the rule of law but was put aback by the impunity by which his orders were trashed.

Monarch state

Lawyer Eunice Lumallas says disobeying court orders makes the country look like a monarch state where the king is the law, when it is a constitutional country governed by the rule of law.

“If we are not respecting court orders then we are like people operating under the whims of a man which should not be the case. Ours is a social contract under the Constitution which cannot be allowed to disintegrate,” says Lumallas.

At the time Miguna was being deported for the second time to Dubai on Wednesday night, there were 10 orders from different courts disobeyed by government officers spanning back to the time he was forcefully arrested from his house in Runda and detained in different police stations.

Former Law Society of Kenya (LSK) Chief Executive Officer Apollo Mboya says the tendency is not only frustrating the judges but also lawyers who have nothing to tell their clients when they obtain orders only for the orders to be disobeyed. “There is nothing so annoying for a judicial officer to issue an order which is being disobeyed. It is worse for us lawyers, we go to court to obtain orders for our clients who think we are useless when the orders are not obeyed,” says Mboya.

According to the lawyer, a time has come for a multi-faceted approach between the Judiciary and lawyers to instill discipline in respecting the courts before the public starts resisting and turning to alternative means of resolving their conflicts.

Senior counsel John Khaminwa had similar submissions when pleading with the court to secure Miguna’s release, only for the orders to be disobeyed and the man forcefully ejected from the country.

“It pains me as a lawyer when Miguna looks into my eyes and asks what I have done for him. I have nothing to show when all the efforts and the numerous orders we have obtained to secure his release are not being respected,” said Khaminwa.

The LSK has roundly condemned the growing trend of disobeying court orders and has revived the yellow ribbon campaign where they wear the ribbons to court and skip some sessions to show their displeasure.

LSK president Allen Gichuhi said they will demand stiffer actions against all individuals who have wilfully put the court into disrepute.