BLEEDING CONSTITUTION
Kenya is under a trial with a fully operational new regime having new structures in accordance with the new Constitution. Talking of the Constitution, it goes without necessarily saying that in any nation in planet earth the Constitution remains the Supreme Law. However, just like it is easy to create laws it is even more easy to break them. Every Kenyan has the mandate to be the Constitution implementers in as much as we look up to our courts and other relevant institutions to be the enforces.
My deep concern is the culture we have developed of always being at war with our judiciary with specific regard to defying court orders and court rulings. I will highlight a few incidences of gross contempt of court that we have witnessed in the recent time. The Constitution clearly outlines and guarantees human rights which is paramount. However it is interesting to see how the pursuit for human rights has come in the way of court orders not knowing any seemingly 'intimidating' court order that restrains that quest for the freedom of human rights and justice. From health workers, teachers to public universities staff all defying court orders restraining their industrial action.
The outright disregard of court orders made the Chief Justice Willy Mutunga to raise the red flag over the increase of state institutions ignoring court orders. What followed was Elgeyo Marakwet senator Kipchumba Murkomen saying on public TV that the Senate will not obey or be held back in it's work by 'unconstitutional' court orders. Well, true to their words the Senate indeed went against court orders barring them from ousting Embu governor and did just that following in the footsteps of the Embu MCAs who were the first to turn a deaf ear to the orders when they went ahead to impeach governor Martin Wambora.
Amazingly all these institutions have gotten away with their act of defying the courts. I can't help but ask what the Constitution really means because apparently it has been reduced to a mere document only existing in writings while enforcement seems to be a tall order. Recently the Interior Cabinet Secretary Joseph Ole Lenku issued an order directing all refugees majority of whom are of Somali origin to return to their designated camps majorly Dadaab and Kakuma following the recent attacks and threats in the country.
What many people don't know is that Lenku's orders are contrary to a court order issued last year by the High Court which rejected previous attempts by the government to force refugees to go back to their camps saying the order threatened the rights and fundamental freedom of those living in urban areas. Lenku cited ''emerging security challenges'' as being the reason for the directive and I found that hilarious in the sense that security and precisely terrorism has always been a challenge to Kenya ever since I can remember yet the trend has always been to act when something happens even if it means going against any pending court orders all in the name of enforcing law and order as the constitution stipulates. I wonder whether the constitution stipulates ignoring court orders as a secondary option of enforcing law and order and seeking justice.The actions of defying court orders has stabbed our very own Constitution we so much adore to implement and what I see from where I sit is a bleeding Constitution.
My deep concern is the culture we have developed of always being at war with our judiciary with specific regard to defying court orders and court rulings. I will highlight a few incidences of gross contempt of court that we have witnessed in the recent time. The Constitution clearly outlines and guarantees human rights which is paramount. However it is interesting to see how the pursuit for human rights has come in the way of court orders not knowing any seemingly 'intimidating' court order that restrains that quest for the freedom of human rights and justice. From health workers, teachers to public universities staff all defying court orders restraining their industrial action.
The outright disregard of court orders made the Chief Justice Willy Mutunga to raise the red flag over the increase of state institutions ignoring court orders. What followed was Elgeyo Marakwet senator Kipchumba Murkomen saying on public TV that the Senate will not obey or be held back in it's work by 'unconstitutional' court orders. Well, true to their words the Senate indeed went against court orders barring them from ousting Embu governor and did just that following in the footsteps of the Embu MCAs who were the first to turn a deaf ear to the orders when they went ahead to impeach governor Martin Wambora.
Amazingly all these institutions have gotten away with their act of defying the courts. I can't help but ask what the Constitution really means because apparently it has been reduced to a mere document only existing in writings while enforcement seems to be a tall order. Recently the Interior Cabinet Secretary Joseph Ole Lenku issued an order directing all refugees majority of whom are of Somali origin to return to their designated camps majorly Dadaab and Kakuma following the recent attacks and threats in the country.
What many people don't know is that Lenku's orders are contrary to a court order issued last year by the High Court which rejected previous attempts by the government to force refugees to go back to their camps saying the order threatened the rights and fundamental freedom of those living in urban areas. Lenku cited ''emerging security challenges'' as being the reason for the directive and I found that hilarious in the sense that security and precisely terrorism has always been a challenge to Kenya ever since I can remember yet the trend has always been to act when something happens even if it means going against any pending court orders all in the name of enforcing law and order as the constitution stipulates. I wonder whether the constitution stipulates ignoring court orders as a secondary option of enforcing law and order and seeking justice.The actions of defying court orders has stabbed our very own Constitution we so much adore to implement and what I see from where I sit is a bleeding Constitution.
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