CJ Maraga condemns failure of state to comply with court orders

Chief Justice David Maraga, his Deputy Philomena Mwilu and Justice JB Ojwang' at the supreme court chambers. photo:file

Nairobi, KENYA: President of the Judiciary David Maraga has strongly condemned the act of institutions not complying with court orders.

Through a statement to newsrooms on Wednesday, the chief justice stated that failure to comply with the court order is not an option for any individual or institution, neither is it a favor to be doled out to the Judiciary.

“Compliance with the court order is not an option, neither is it a favour to be doled out to the Judiciary. Rather, it is a crucial matter of constitutional and civic obligation.” He stated.

He urged any party aggrieved by a court order, to take legal mechanisms in order to have it reviewed, varied or set aside, or even to be appealed against it.

He further stated that state officers took an oath of office to protect and uphold the constitution and so to disobey a court order is a violation of the constitution.

“I wish to reiterate that every Government officer, government institution or private citizens are obliged to comply with the court order. Failure to do so has consequences, and Judges and magistrates are at liberty to invoke the legal avenues available to enforce those orders” He added.

“Courts are temples of justice and the places of refuge for those seeking protection. They must never be despoiled either through acts of physical transgressions or blatant disregard of their pronouncement.” It states.

Maraga assured the country that the judiciary will continue to disperse its constitutional duty with independence and authority to ensure that the rule of law, justice, good governance and equality before the law are entrenched through the courts.