Full Statement by Chief Justice David Maraga on the failure to comply with court orders:
“Whereas the Chief Justice does not ordinarily comment on matters that are actively before the court, in the last few days there have been worrying developments in the administration of justice that threaten the rule of law.
The recent disregard of court orders is an act that is not only inimical to the rule of law but is also completely at odds with Kenya’s constitutional outlook.
Compliance with court orders is not an option for any individual or institution. Neither is it a favour to be doled out to the judiciary. Rather, it is crucial matter of constitutional and civic obligation. If any party is aggrieved by a court order, there are legal mechanisms to have it reviewed, varied or set aside, or even appealing against it.
All state officers take an oath of office to protect and uphold the constitution. To disobey a court order is not only a violation of the constitution but also a dereliction of public duty.
I wish to reiterate that every government officer, government institution or private citizen are obliged to comply with court orders. Failure to to do so has consequences, and judges and magistrates are at liberty to invoke the legal avenues to enforce those orders.
Courts are temples of justice and places of refuge for those seeking protection. They must never be despoiled either through acts of physical transgressions or blatant disregard of their pronouncements.
As Chief Justice I want to assure the country that judiciary will continue to dispense its constitutional duty with independence and authority. We will ensure that rule of law, justice, good governance and equality before the law are entrenched through courts.
Hon. Justice David K. Maraca, EGH
Chief Justice and President of the
Supreme Court of Kenya.”