Lawyer Maria Mbeneka has raised concerns about the rise in open defiance of court orders by individuals and government agencies in the recent days.
“A court order is an official and binding proclamation by a judge that clearly spells out the steps to be carried out by one or more parties to a case,” said Maria in a statement.
In the past few days, the country has witnessed a deliberate attempt by government or those within government to block lawyer Miguna Miguna from entering the country despite clear court orders.
Miguna Miguna was barred from leaving Berlin Airport after Lufthansa Airline received a red alert from Nairobi against the embattled lawyer. The red alert was also issued to Air France leading to Miguna Miguna being ejected from the plane a few minutes before it took off.
“A court order is not a mere request nor is it a recommendation; it is the law and as such must be followed to the latter by the citizens including the government and its agencies,” she added.
High Court had issued orders to the government to facilitate the entry of Miguna Miguna back to Kenya “unconditionally”. Judge Weldon Korir had directed that Miguna’s Kenyan passport, currently under custody of registrar of Court, to be released.
The Ministry of Interior and Government Coordination, a day to the scheduled arrival of Miguna Miguna (January 7, 2020), released a statement saying it would respect the court orders of 2018 and facilitate the entry of lawyer Miguna Miguna back into the country.
“I strongly urge the government to abide by the law and call upon them to lead by example. For Kenya to be a true democracy, we must abide by and have deep respect for the rule of law,” Maria Added.
Here is a full statement from Maria Mbeneka on the rise of defiance of court orders in Kenya:
