Muslim organization blames AG for Executive disregarding court orders

Speaking in a statement from Mombasa, the MUHURI’s Chairperson Khelef Khalifa said the AG has failed in his role of ensuring court orders are respected and the rule of law upheld.

“The courts should consider denying the Attorney-General (AG), the principal legal adviser to the government, an audience until all court orders that have not been appealed and stayed—and any that they may issue in future—are enforced,” the statement read.

He further accused President Kenyatta’s regime of being notorious for disregarding court orders citing instances where the head of state failed to appoint the six judges and the deportation of Miguna Miguna.

“Uhuru Kenyatta’s regime is open defiance to the rule of law and the constitution that the President and his deputy, William Ruto, swore to protect. The regime’s lack of respect for court orders, decisions, and declarations, invites anarchy and impunity,” he said.

The statement declared a move to push for the reaffirmation of judicial authority and respect for court orders saying that the organization is aimed at ensuring adherence to rule of law.

“The course to reaffirm judicial authority and respect for court orders is on, and MUHURI supports efforts that build public confidence in the rule of law,” read the notice.

Highlighting the Miguna case, the statement outlined that even when the court declared the deportation unlawful and trashed claims by the government that Miguna was not a Kenyan, the government went ahead to execute the deportation.

“For at least 15 times, this regime has disobeyed court orders to allow Miguna back following his deportation on February 7, 2018, after the mock swearing-in of Raila Odinga on January 30, 2018,” explained the report.

He insisted that the court cannot issue orders in vain since it is constitutional that the orders ought to be respected and officers acting in contempt of these orders must be held accountable.

“President Uhuru is on record rebuking respected judges, and he must be called out. His attack on the Judiciary is a mark of a government that is unresponsive and ineffective, which must relinquish power,” read the statement.

While referring to the constitution, the organization pointed out that just as the law affirms judicial authority, so should the leaders.

“Article 160 of the constitution affirms Judiciary independence thus: “The Judiciary, as constituted by Article 161, shall be subject only to this Constitution and the law and shall not be subject to the control or direction of any person or authority.”