Tables have been turned upside down in a battle to restore sanity in law courts ever since after controversial 2010 promulgated new constitution.Adhering to the orders from the court is a clear-cut of effective justice,democracy and conserved human rights under the constitution than “Orders from above” which in rare cases respects the rule of law.
The tragedy in Kenyan government and law courts comes when “Orders from above” are prioritised than Orders mandated under the constitution, an act of politicking.Does it mean top government officials including the President under Executive are above the law and outshines the Independent Judiciary which interpretes and applies the law?
It’s said,when two bulls fight,it’s the grass that suffers.Citizens suffer from justice delayed by the Court and denied by “the orders from above” for biased interests.Highly ranked officials should be the Engineers and leading examples in respecting and applying the rule of law where justice is being denied hence their subjects will automatically follow the suit.The current status quo in the country is alarming and a sign of a nation whereby in the near future Court orders and rule of law will become useless,soon normal citizens will commence or rather be aluta continuas in defying court orders.
After establishment of eligibilty of every suspect to bail under the new constitution unless otherwise has promoted malicious offences by the high class families who can afford the bail than low class families who will face imprisonment on failure to comply with the court demand(bail).
Multiple times have court issued arrest warrants against top government officials but non of them have complied with the law,all defying since at long last government led by Attorney General might come to their defence and they will be freed on cash bail.
It’s irritating and pitiful when we talk of “willingfully complying” to a court order,these government muppets have made it a choice and State house has normalised the popping trend.In compliance to a court order there should be no negotiation if it doesn’t violate human rights.
Cash bail act was enforced in a plan to decongest prisons but now is doing us more harm than expected.These specific government officials are lacking decorum being that they are protected by the government and not the law.
Since 2013,the reign of Uhuru Kenyatta the opportunist have been governed by Capitalists agenda which neglects the low class peasant and have worsened the state of economy through looting of public funds.Borrowing huge debts from International financial sources and making trillion worth in international deals at the expense of “just surviving”2.3 million citizens especially in marginalised areas who are now affected by the ongoing drought crisis.Drought mitigation agencies only require 4 billion Kshs which government is “lacking” but foreign CS is making International deals worth hundreds of billions.Therefore we are in thy need of Diversified leaders who are able to balance between Communism and Capitalism.
Mandate the constitution gives the Legislature is toammend laws has graduated to manipulation of the constitution in their favour anytime being the stakeholder in laxity.This is evident since currently Legislators from the ruling government (Jubilee) because of ‘tyranny of numbers’ phenomenon have tabled a motion more of a referendum to minimize the limit of the Judiciary.
On 22nd January 2014, the government sent Kenya Forest Service (KFS) guards along with Kenya police to forcefully evict Sengwer residents living in Embobut Forest in Cherangany hills believed to be their ancestral home by torching down to ashes their homesteads.This move defied earlier order by the Eldoret High court to stop the move as is not only violates International Human Rights but also our constitution under article 63(d) which recognizes rights for communities to be in posession of traditional ancestral lands.Orders from the above were priotised than constitution .
On August 14th 2015,Mombasa Chief Magistrate Julias Nang’ea issued an arrest warrant against Interior CS Joseph Nkaiserry together with Chief of Defense Forces General Joseph Mwathethe and Coast Regional Coordinator Nelson Marwa whom disobeyed court orders by doing away with Iris yatch that was impounded in Kilifi Mnarani boat yard shelling 7,200 grammes heroin worth Kshs 22 million hence was a crucial exhibit in the Narcotics case against the suspects and was under court custody.
This was a serious case and the ship was an exhibit in the court custody.TheDirector of Public Prosecution (DPP) should undertake the prosecution of those who torched the yatch-Said Nang’ea
Hours later in a statement made by Directorate of Criminal Investigation (DCI),it was confirmed that the ship remains were missing.The question remains why?
In a span of 8 months after first arrest warrant was issued against Interior Permanent Secretary Karanja Kibicho by High Court Judge George Odunga in 2016 after defying court order for compensating a torture victim hence contempt of court.A second arrest warrant was issued again and detention of three months in jail but uptodate he is still a free soul in a nation claiming to be mercilessly dealing on corruption,equality,democracy and genuine on constitution to the latter.
Kibicho was involved in a case where Michael Mahugu sued Ministry of Interior for 350,000 Kshs compensation in the first round of court order after he was illegally detained and tortured in 1987.In the second case of contempting court orders,Mahugu was to be paid 2.6 million.Luckily enough but dishonestly,Attoney General came to Kibicho’s defense claiming that his office was dissatisfied by Judge Odunga’s judgement to jail Kibicho for 3 months.The directive was given to Inspector General of police Joseph Boinnet who ignored uptodate.
Previous year 2016, Director of Criminal Investigations(CID) Muhoro Ndegwa recieved an arrest warrant over contempt of court after he failed present an investigation report before High Court Judge Isaac Lenaola on Nairobi Water and Sewerage Company Managing Director Philip Gichuki’s Employment contract but nothing was done and still a free man.The dilema was,who could make the move to arrest the CID Boss.
When Court of Appeal ordered the government to pay teachers 50-60% salary increament as per their right,President Uhuru Kenyatta came out for a press conference at the state house to rubbish the court orders.
There comes a time when we should take law into our hands to protect our constitution from hypocrytes led by the Head of State.Whenever activists of human rights comes to limelight to condemn the injustices,they instead face arbitrary arrest and detention,restricted from media and assembly freedom.
Arbitrary arrest or detention on citizens and implanting fake servere offences than they had committed has been the newest wrinkle.The Judiciary have become a liability and nomore an asset to government.