This archive report was first published on 12 January 2020.
Former Chief Justice Willy Mutunga has spoken out against the government's disregard for court orders, citing the cases of Miguna Miguna and Moses Kuria.
Dr. Willy Mutunga, who served as Chief Justice from 2011 to 2016, expressed his disappointment on Twitter, stating that the government's actions were a repeat of the inhumanity of past and present dictatorships.
“What's happening to Miguna MIGUNA and Moses KURIA and many other victims of the disobedience of court orders is the inhuman mischief our Constitution sought to cure and heal. It's an UNACCEPTABLE repeat of the INHUMANITY past and present dictatorships,” he tweeted on January 11, 2020.
According to Mutunga, the lawyers involved in the cases should seek to punish those violating court orders for contempt of court, as the disobedience of court orders is a subversion of the Constitution.
He emphasized that it is the responsibility of the Judiciary to ensure that its orders are not given in vain, and that citizens must take action to defend the Constitution if the police refuse to do so.
As reported, the court had ordered the government to facilitate the entry of lawyer Miguna Miguna into the country, but he has been unable to enter Kenya despite the order.
Similarly, Moses Kuria was arrested on Friday for allegedly assaulting a woman, but his lawyer presented a court order to the Kilimani Police Station, which was ignored.
