The disobedience of court orders by public officers in Kenya has been a troubling trend that threatens the rule of law, governance, and constitutional integrity. The International Justice Mission (IJM), a global organization committed to strengthening public justice systems, has strongly advocated for bold measures to curb this growing menace. According to IJM’s acting country director, Vincent Chahale, one effective way to address the issue is by barring officers who blatantly disobey court orders from holding public office. Chahale asserts that such officers render themselves unfit for public service due to their failure to uphold constitutional values and the principles of integrity required for their positions.
A Growing Problem of Court Disobedience
Disobedience of court orders by public officers undermines the authority of the judiciary and creates a culture of impunity. The judiciary, as an independent arm of government, plays a vital role in maintaining checks and balances within the public service. However, when government officials ignore court orders, it raises serious concerns about respect for the rule of law and the functioning of Kenya’s democracy.
Chahale emphasized that public officers who disregard court rulings fall short of the constitutional provisions regarding integrity. He stated, “Courts should be moved, or move upon their own motions, to make bold declarations against such officers. This is the only antidote to disobedience of court orders by public officers.”
Recent Case: Deputy IG Gilbert Masengeli
Chahale’s remarks come in the wake of a recent court case involving Deputy Inspector General (IG) Gilbert Masengeli, who was sentenced to six months in jail for contempt of court. Masengeli had failed to honor court summons after being ordered to produce three missing individuals allegedly abducted in Kitengela. These individuals were later found, dumped in various parts of Kiambu County.
Justice Lawrence Mugambi had imposed the sentence after Masengeli’s noncompliance with the interim habeas corpus orders issued by the court. However, Masengeli appeared in court to purge his conviction, and the sentence was suspended for seven days to allow him a chance to defend himself. Justice Mugambi acknowledged that Masengeli’s apology seemed genuine and was inclined to believe he regretted his actions.
Despite the suspension of Masengeli’s sentence, Chahale remained adamant that such incidents point to a much larger problem within the government and its treatment of the judiciary.
Constitutional Integrity and Accountability
Chahale also drew attention to the broader political dynamics influencing public service disobedience. He noted that the incorporation of the opposition into the current “government of national unity” has undermined the system of checks and balances, allowing some government officers to act with impunity. Unlike the 2007 coalition government, which was structured in law and had clear guidelines, the present political arrangement is more a product of political truce than constitutional process, Chahale argued.
“This government of national unity is anchored more in a political truce. We had a similar government in 2007, but it was structured in law, meaning it naturally created a system of checks and balances. That is not the situation now,” Chahale said. He highlighted that the framers of the Kenyan Constitution had anticipated such circumstances and instituted constitutional commissions to protect the sovereignty of Kenyans, safeguard democratic values, and ensure public accountability.
Lapses in Constitutional Oversight
However, Chahale criticized constitutional commissions for failing to exercise their mandated oversight roles, particularly in recent instances where human rights violations were evident. For example, during recent protests, police officers were reported to have engaged in gross violations of human rights, yet many constitutional bodies remained silent.
“The commissions have in the recent past abandoned their constitutional duties and have kept mum when other agencies violate human rights,” Chahale said. This institutional failure, he added, has contributed to the rise of disobedience of court orders by government agencies. He pointed out that when constitutional commissions do not hold violators accountable, a dangerous precedent is set, allowing for continued disregard of court rulings.
The Path Forward
In light of the increasing disobedience of court orders by public officers, IJM insists that barring such officers from holding public office is not only necessary but essential for protecting the rule of law. Without strict measures to address the issue, the credibility of Kenya’s justice system will continue to erode, and public officers will be emboldened to act with impunity.
As Chahale concluded, “This is the only antidote to disobedience of court orders by public officers. The judiciary must stand firm in its role as a guardian of the Constitution, and public officers must be held accountable for their actions.” Only through such measures can Kenya ensure that its democratic institutions remain strong and uphold the rule of law for all citizens.
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