AG cautions Executive for disobeying courts

August 21, 2012 3:14 pm
Executive is not exempted to decide what court orders it should obey and which ones to defy/FILE

, NAIROBI, Kenya, Aug 21 – Attorney General Githu Muigai has issued a stern warning to the Executive for habitually disobeying court orders saying nobody is above the law.

Speaking during the ‘Judicial Marches Week’ he said the Executive is not exempted to decide what court orders it should obey and which ones to defy.

“The Executive has even a greater responsibility to obey court orders. Sometimes we disagree with the court but of course this is not an excuse to disobey the law. Once a court order has been issued it is the responsibility of all especially the Executive to obey,” he warned.

Chief Justice Willy Mutunga explained that the week is dedicated to Kenyans to interact with the judicial staff to understand their work.

“Judiciary staff are marching, proud of the fact that they are in the service of the public, and appreciative of the fact that it is this public that pays our salaries, pays our allowances, and buy our cars. And they do this despite the fact that 50 percent of the Kenyan people live below the poverty line. We are bonded to serve. Kenyans foot the bill for justice and we have a duty to explain ourselves to them,” Mutunga said.

He said all Kenyans have a right to equal justice and no one should pay to get justice.

Mutunga further asked Kenyans to actively participate to ensure judges and magistrates are held accountable to their work.

According to the CJ, the ‘Judicial Marches Week’ will be marked every year in the Judiciary’s efforts to restore confidence among Kenyans.

Criminal Investigation Department Director Ndegwa Muhoro who attended the function at Kenyatta International Conference Centre poked holes into the proposed police reforms saying they are not comprehensive to improve services in the entire system.

He said the reforms seem to target only the top brass of the police leaving out crucial areas that should be priority in efforts to reform the department.

He further complained that under funding was a major impediment in the implementation process of police reforms.

Muhoro urged the government to ensure the Judiciary, the police and the Office of the Directorate of Public Prosecutions (ODPP) are uniformly funded to carry out their jobs since they have to work together to deliver justice.

His sentiment was echoed by DPP Keriako Tobiko who also called for coordination and uniformity in the way organs under the justice system are funded.

Tobiko said that reforms should not only be in one arm of the judicial systems but should cut across to enhance efficient justice services across the board.

Later during the launch of the ‘Judicial Marches Week’ at the University of Nairobi, Mutunga challenged academics why they had not chipped or contributed to the Leadership and Integrity Bill.

“It is very surprising that as debate rages on what should constitute our laws on integrity and leadership, those who study ethics, philosophy, law and political science have not yet organised a forum to discuss these issues,” he decried.


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