Monday June 8, 2020 – Chief Justice David Maraga has expressed his displeasure with what he termed as President Uhuru Kenyatta’s persistent disregard for the rule of law.
Speaking to the press at the Supreme Court, Maraga said that disregard of court orders is an act that is not only inimical to the rule of law but also completely at odds with Kenya’s constitutional outlook.
He also indicated that the State owed up to Ksh1 billion in cases where victims had been awarded by the justice system.
Addressing the President directly, Maraga claimed that Uhuru had defied court orders in the many cases like that of Kariobangi demolitions and his refusal to appoint judges despite a recommendation from the Judiciary Service Commission had caused serious legal dents.
“I must remind you, your Excellency that you swore to defend and uphold the constitution and the laws of Kenya.”
“The Constitution requires you to appoint the judges recommended to you by the JSC which you have refused to do.”
“The laws of this country include valid court orders.”
“It, therefore, beholds you to appoint the 41 judges recommended for appointment by the JSC.”
“I urge you to respect the rule of law by compiling with two court orders,” stated the CJ.
“In the same vein, I request your Excellency to instruct the Attorney General to take stock of all the court decrees and orders issued against the Government and immediately begin a process of satisfying them.”
“It greatly undermines the rule of law for the government to act in such defiance,” he added.
Maraga further noted that the President did not carry out his mandate as required by the Constitution when he rejected JSC’s nominations.
According to Maraga, the courts ruled that Uhuru could not change the list, review or reject it accusing the Head of State of defying a 14-day order to appoint the judges.
“Disregard of court orders by the president is part of the pattern by the executive.”
“The executive routinely disregards court orders.”
“For example, despite an existing court order, the government recently evicted over 1,000 families from the Kariobangi area of Nairobi all in the midst of the Covid-19 pandemic,” stated Maraga.
The Kenyan DAILY POST