This archive report was first published on 8 June 2020.
Published on June 8, 2020, Chief Justice David Maraga has criticized President Uhuru Kenyatta for disobeying court orders, saying it undermines the rule of law and puts the country's constitutional democracy at risk.
Maraga made the remarks in a scathing attack on the government, saying it cannot demand obedience from citizens if those in authority are disobeying court orders with abandon.
“It greatly undermines the rule of law for the government to act in defiance of court orders and this pattern puts at great risk our constitutional democracy because it risks the contagion of lawlessness,” said Maraga.
The Chief Justice urged the President to demonstrate respect for the rule of law by complying with court orders, reminding him that he swore to defend and uphold the Constitution and the laws of Kenya.
Maraga cited the President’s failure to swear in 41 judges as recommended by Judicial Service Commission, a matter that ended up in court.
He also accused the government of willfully neglecting to settle dozens of court decrees issued by various courts against the government, amounting to almost Sh1 billion by conservative estimates.
“In some of these cases, the victims have suffered paraplegic injuries. Yet, the Government has failed to settle these decrees because they cannot afford to pay for nursing care, some are carried out by their grandchildren to busk in the sun but at times forgotten there to be rained on. Attempts to compel the accounting officers in the relevant Ministries are always rebuffed with the contemptuous “Uta Do” attitude,” said Maraga.
Maraga asked how the nation can expect God to bless it when it is so callous to the most desperate in society.