Two senators have lashed out at President Uhuru Kenyatta for allegedly blatantly refusing to comply with court orders.
Senator Susan Kihika (Nakuru) and Elgeyo-Marakwet’s Kipchumba Murkomen, who were recently removed from Senate leadership positions, want President Kenyatta to obey the rule of law and adhere to court orders.
The two, in an onslaught on President Kenyatta, say disobedience of court orders by the State is setting a bad precedent.
“The executive arm of the government should be at the forefront in upholding the rule of law. The government cannot demand of its citizens the obedience of the law it is itself disobeying with abandon,” said Senator Kihika.
UPHOLD CONSTITUTION
Ms Kihika, who is also the president of the Bureau of Women Parliamentarians, an international caucus group under the Inter-Parliamentary Union (IPU), asked the State to uphold the Constitution and set a good example by obeying the law.
“The executive, like any of the other arm of government, must obey the Constitution. Are there any civil society groups in Kenya as the State continues disregarding court orders?” posed Ms Kihika.
And in a tweet, Mr Murkomen said the President should lead by example in honouring of court orders.
“Mr President, legacy is the sum total of what you do every day, not a coat you pick and wear end of term. Obey court orders and the rule of law. It is not you alone who wants a good legacy. The Chief Justice, elected leaders, civil servants, hustlers all want a good legacy. Don’t make everything be about yourself,” stated Senator Murkomen.
CJ MARAGA
The reaction by the two senators came hours after Chief Justice David Maraga, in a public statement on Monday, accused the President for disregarding court orders, terming it a recipe for anarchy.
Maraga laid blame on President Kenyatta for the delay in appointing of 41 new judges proposed by the Judicial Service Commission (JSC) and continuous disobedience of court decrees by the government.
The CJ expressed disappointment on having unsuccessfully attempted to bring the issue of the appointments to the attention of the Head of State.
He said he had tried in vain to seek audience with President Kenyatta to discuss the appointments, a process which has hit a snag.
He also named two court rulings which challenged the delay in the appointment of the judges as having directed the President to do so but he has declined to heed to those orders.
He said disobedience of court orders on the part of government, which he described as routine by the executive, creates a risk of lawlessness besides violating the constitutional democracy.
The Law Society of Kenya, through its President Nelson Havi, has also backed CJ Maraga, reiterating the need for the executive to obey court orders and uphold the Constitution.
LSK urged the president to lead by example and obey the court orders and appoint the 41 judges, adding that it is not optional for the Head of State to obey court orders.