Elgeyo Marakwet Senator Kipchumba Murkomen on Wednesday took on the Chief Justice David Maraga after he issued a press statement warning that government officials who fail to oblige to court orders risk facing dire consequences.
The Senate Majority leader expressed concern that the CJ, who is also the President of the Supreme Court, was interfering with judicial independence by commenting on a legal subject which is ongoing in the courts.
He noted that he ought to have stayed put and wait to comment on the matter when it is brought before him at the Supreme Court.
"On what legal basis does a CJ issue a press statement on a matter which is alive in court?Isn't the CJ interfering with judicial independence? Couldn't he wait for his time to hear the matter in SCORK? Judges speak from the bench through rulings and judgments not press statements?" he posed through his Twitter account.
His remarks came moments after the CJ raised concern over the rising tendency of Government officials and institution defying court orders.
[caption caption="Kipchumba Murkomen"]
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In a statement, the CJ noted that every Kenyan is obliged to comply with court orders and if aggrieved by the order, one should seek a legal mechanism to have it reviewed, varied or set aside.
"Failure to do so has consequences, and Judges and Magistrates are at liberty to invoke the legal avenues available to enforce those orders.
"Compliance with court orders is not an option for any individual or institution," he stated.
However, in the statement, Maraga acknowledged that the CJ is not supposed to comment on matters which are actively in court but attributed his remarks to "the worrying developments in the administration of justice that threaten the rule of law."
Inspector General Joseph Boinnet and Director of Criminal Investigations (DCI), George Kinoti, were on the spot after they blatantly ignored High court Judge Luka Kimaru's order to present themselves before him and also release NRM Leader Miguna Miguna.
[caption caption="David Maraga and other SCOK judges"]
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Last week, the Government also disregarded an order directing the Communications Authority of Kenya (CA) to restore live transmission for three TV stations shut down on January 30.
