In Summary
  • Other than releasing Mr Miguna or producing him in court, the government also ignored an order to restore TV signals.
  • Mr Miguna’s lawyer John Khaminwa urged the court to take action.

  • Dr Karanja Kibicho, Mr Saitoti Torome, Ms Monica Juma and other principal secretaries have also disobeyed court orders in the past.

The Judiciary and the Executive are headed for a clash following the latter’s disobedience of court orders.

Failure to free National Super Alliance (Nasa) activist Miguna Miguna, as ordered by Justice James Wakiaga on Friday was not the first time the government was put on the spot for disobeying directives by a court.

Other than failing to release Mr Miguna or produce him in court, the government also ignored an order directing two Cabinet secretaries to restore the signals TV stations switched off on January 30.

Justice Luka Kimaru expressed displeasure Monday when Mr Miguna was not produced in court.

Mr Miguna’s lawyer John Khaminwa urged the court to take action.

“Obedience is a quality we cannot negotiate with magistrates and judges,” Dr Khaminwa said.

“No one is above the law. The court should find the Inspector-General of Police guilty of contempt.”

A judge recently said disobeying court orders was sending wrong signals to Kenyans and the world in general.

“When the decision to obey particular court orders are left to the whims of the parties, public disorder and chaos are likely to reign supreme yet in the preamble to our Constitution… we recognise the aspirations of Kenyans for a government based on the essential values of human rights, equality, freedom, democracy, social justice and the rule of the law,” Justice George Odunga said.

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