Former Chief Justice Willy Mutunga slammed the government for disobeying court orders.
Dr.Willy Mutungu made the statement in connection with Miguna Miguna and Moses Kuria and termed the whole incident as “unacceptable”.
“What’s happening to Miguna MIGUNA and Moses KURIA and many other victims of the disobedience of court orders is the inhuman mischief our Constitution sought to cure and heal. It’s an UNACCEPTABLE repeat of the INHUMANITY past and present dictatorships,” the former CJ tweeted.
The former chief justice said that the lawyers involved in the two cases should have those violating the court orders subjected to punishment.
“I believe all the lawyers involved in both cases should seek to punish those involved in the disobedience of court orders for contempt of court. The disobedience of court orders is a subversion of the Constitution. Let’s all of us defend the Constitution under Art. 3(1),” he said.
Mutunga added, “Once the contemptuous are punished and the police refuse to take them to prison then we must effect citizen’s arrests to defend the Constitution. It’s also the responsibility of the Judiciary to ensure it does NOT give orders in vain.”
The court had ordered the government to facilitate the entry of lawyer Miguna Miguna into the country but until today the exiled lawyer has been unable to enter Kenya.
Kuria on his part was arrested on Friday for allegedly assaulting a woman but by evening, his lawyer presented a court order to Kilimani Police Station but he was not released.
Instead, leaders who had gathered at the police waiting for his release were teargassed including. They included Alice Wahome who was they in her capacity as part of the legal team representing Kuria. Elgeyo Marakwet senator Kipchumba Murkomen had left moments before the melee.
What’s happening to Miguna MIGUNA and Moses KURIA and many other victims of the disobedience of court orders is the inhuman mischief our Constitution sought to cure and heal. It’s an UNACCEPTABLE repeat of the INHUMANITY past and present dictatorships.
— Dr Willy M Mutunga, Chief Justice, Kenya (2011-16) (@WMutunga) January 11, 2020
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