President of the Supreme Court of Kenya has finally broken his silence on the ongoing tag of war between the Judiciary and the Executive.
In a statement to the press (below),The CJ told the State that disobeying court orders is inimical to the rule of law.
Maraga’s statement comes after IG Joseph Boinnet and DCI George Kinoti blatantly disobeyed orders to release self-proclaimed NRM leader Miguna Miguna from police custody.
“Magistrates and judges have liberty to invoke legal avenues available to enforce orders,” read the statement in part.
“The recent disregard of court orders is an act that is not only inimical to the rule of law but also completely at odds with Kenyans’ constitutional rights.”
He further indicated that compliance with court orders is not an option for any individual or institution since all state officers took an oath of office to protect and uphold the constitution.
After spending several nights in police custody,Lawyer Miguna was whisked into a plane to Canada on Tuesday night.
Despite a directive requiring Miguna to be taken to court, Interior CS Fred Matiang’i, in a move that clearly pit the executive at loggerheads with the judiciary, ordered that the vocal activist remains in custody.
Later on Matiang’i, in a declaration that Miguna was a prohibited immigrant, said his directive was “sufficient warrant for police to keep Miguna in custody”.
Here is a look at Maraga’s full statement;