As LSK piles pressure, State says no court orders disobeyed

The State Law Office has denied reports of increasing disobedience to court orders, a situation critics say will compromise the rule of the law and the dignity of courts.

Solicitor-General Kennedy Ogeto said on Tuesday that the Executive has never disobeyed a court order and that this view results from a “serious misinterpretation of facts”.

“There is no disobedience of court orders. There has always been an explanation for any action the government has taken,” he said.

Late last year, Chief Justice David Maraga complained about an increase in cases of disobedience to court orders and warned that it was not only a violation of the Constitution but also a dereliction of public duty.

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

The CJ noted worrying developments in the administration of justice that he said were threatening the rule of law.

“The recent disregard of court orders is an act that is not only inimical to the rule of law but is also completely at odds with Kenya's constitutional outlook,” he added.

LSK action

Meanwhile, the Law Society of Kenya (LSK) has announced it will seek an appointment with Attorney-General Paul Kihara Kariuki to discuss the rampant violation of court orders.

According to LSK President Nelson Havi, the society will first seek to establish why government officials are unable to comply with court orders or “at least have him explain why the orders are disregarded”.

LSK will then compile all cases where government officials have failed to comply with court orders and file a composite case, seeking a declaration that the concerned officials are unfit to hold public office.

“We will further escalate it and, where possible, file a petition to Parliament or county assemblies, and ask for impeachment of the concerned officials,” he said.

Among the cases is that involving controversial lawyer Miguna Miguna whose return to the country has been frustrated on two occasions and President Uhuru Kenyatta’s refusal to appoint 41 judges.

There is also 2018 Supreme court order for the government to treat Iranians Sayed Nasrollah Ebrahim and Abdolhosein Gholi Safaee, accused of terrorism, humanely and without the violation of their rights.

Yet another court order involves former Kenya Air Force Commander Peter Kariuki who wants the Treasury Cabinet Secretary, the Defence Principal Secretary, the Chief of Staff of the Defence Forces and the Air Force Commander compelled to restore his rank, honour and decorations.

Resources

Mr Ogeto refused to discuss the issue of the 41 judges, saying the matter was still under judicial consideration.

He spoke at Sheria House in Nairobi after flagging off 16 new vehicles and commissioning new ICT equipment to the 12 regional offices to enhance service delivery.

The regional offices have also been allocated a total of 60 desktop computers and several laptops.

Mr Ogeto noted that the State Law Office, as the government’s principal lawyer, is tasked with a great burden that needs considerable resources.

“With as many as 3,000 cases filed against the government every year, inadequate equipment has been posing a serious threat to our efficiency and effectiveness,” he said.