Friday 30 March 2018

HAS THE JUDICIARY NO POWER OVER TOP GOVERNMENT OFFICERS?




Miguna Miguna's shoddy embarrassment by Kenyan police was one that made headlines  on  March 27.

The unfolding at the JKIA proved the police as barbaric implementers of the law. Following the melee, the Judiciary found Mr Miguna, inspector of police Joseph. K. Boinnet, chief immigration principal Gordon Kihalang'wa and Cs interior Matiangi all breachers of the law in one way or another.

The rational individuals were all set to appear atop the scaffold. However they violated a court order dated Wednesday March 28, 2018.

Judge Odunga went ahead on Thursday March 29, irked by the three government individuals excluding Mr. Miguna, to turn the attention of the Milimani law courts to Mr Boinnet and team's refusal to oblige by a court order.

Mr. Matiangi, inspector Boinnet and one Mr. Gordon Kihalang'wa were to appear before court in the morning of 29th March. Something they allegedly denounced, citing they were engaged at a particular GSU pass out ceremony. Albeit their absentia, the guys did send representatives to the courthouse in their stead.

Many at times impunity has  stood out as an act of the gentry, with top politicians and government officials refuting orders from the Judiciary wing of government without scruple whatsoever. Such issues ostensibly bring to light the issue of the amount of power the aforementioned arm of government possesses.

Who are these guys? Aren't the persons' under obligation to obey court orders just as any other common mwananchi? Are they immune? Why should a lay netizen be apprehended, arraigned before court and convicted amid stringent public prosecutors. And the same not done to politicians and top government affiliates?

" state officers cannot continue to act in contempt, going on with their own business while cat - walking on court orders."  Reiterated a soft-spoken judge Odunga at the Milimani.

The judge ordered Matiangi and allies to appear before the court on Thursday 29. Something the pro -government persons failed to honor.

" The three are hereby convicted accordingly and should appear before this court tomorrow at 10 am," Justice Odunga ruled.

According to Mr. Odunga, anyone who feels superior than the law is a criminal. By default, such individuals should face lethargic repercussions and have the Constitution deal with such accordingly.

"It is my considered view that those who disobey should face the consequences, and courts are empowered to uphold the rule of law," justice Odunga added citing it was not the first of instances Dr. Matiangi failed to abide by a court order, the latter having being penalized in the recent past for a similar misconduct.

Justice believes it is high time those who retaliate and violate the Kenyan Constitution are held to account.

Should it be taken that such guys are hotcakes. Untouchables. Invincibles, now that it appears they are close to the president. Now that the C.in.C is the one who appointed them, are they not vulnerable to the snares of the law?  Is it suffice to say they  follow no protocol whatsoever meriting to their sky high posts?

Lawyers representing the National Super Alliance sang an aubade of justice simultaneously with judge Odunga. One that condemns such uncouth behavior which Lampoons societal values and ethics. The lawyers led by  Siaya senator James Orengo held somewhat similar sentiments with the Judiciary personnel.
         Photo courtesy; interior Cs                             Matiang'i AFP.

In his own view, Mr Orengo categorically feels the "denouncers" should be charged 200,000 shillings each for such gross misconduct. He also opines that the guys who were slated for the chambers should have the monies drawn from their own pockets. Not from public funds. Such would make them feel the weight and pangs of their jittered actions, as well as act as a deterrent.

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