Obeying court orders not optional, Maraga tells the Executive


Obeying court orders not optional, Maraga tells the Executive
Chief Justice David Maraga, during the pre-trial conference of the repeat presidential election petition on Tuesday, November 14 2017.

In Summary

  • Chief Justice David Maraga has accused the Executive and the police of interfering with the independence of the Judiciary following the recent move to disregard court orders.
  • In a statement, the CJ has termed the recent move by the IG Boinnet and DCI boss George Kinoti to defy orders to appear in court and also present lawyer Miguna Miguna in court as not only damaging, but also completely against the Constitution.
  • The CJ has however assured Kenyans that the Judiciary will continue to act independently promising to ensure that the rule of law, justice and equality are entrenched through the courts.

Chief Justice David Maraga has accused the Executive and the police of interfering with the independence of the Judiciary following the recent move to disregard court orders.

In a hard hitting statement, the CJ has termed the recent move by the Inspector General of Police Joseph Boinnet and Directorate of Criminal Investigations boss George Kinoti to defy orders to appear in court and also present lawyer Miguna Miguna in court as not only damaging, but also completely against the Constitution.

“…Every government officer, government institution or private citizen are obliged to comply with Court Orders,” said Maraga

Judge Luka Kimaru on Monday February 5, ordered Boinnet and Kinoti to appear in court along with politician Miguna Miguna, who had been in police custody since Friday, February 2.

The two police bosses however sent Assistant Inspector Stanley Cheruiyot and Amos Omuga from the DCI to represent them, while Miguna remained a no-show.

“It was clear that the two did not obey the court and as public officers they should obey court orders… They acted in contempt of this court by not releasing Miguna Miguna,” read yet another ruling.

“Compliance with court orders is not an option for any individual or institution. Neither is it a favour to be doled out to the Judiciary. Rather, it is a crucial matter of constitutional and civic obligation,” said the CJ.

On Tuesday, the High Court in Nairobi also directed the police to release self-proclaimed NRM general Miguna Miguna on anticipatory bail issued by the court, an order that was not adhered to.

In his statement, Maraga noted that all state officers swore to uphold and protect the Constitution terming the recent move by the police as not only a violation of the Constitution but also a dereliction of public duty.

“Courts are temples of justice and the place of refuge for those seeking protection. They must never be despoiled either through physical transgressions or blatant disregard of their pronouncements,” said Maraga.

The CJ has however assured Kenyans that the Judiciary will continue to act independently promising to ensure that the rule of law, justice and equality are entrenched through the courts.

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