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Kibaki
criticised for ignoring court order
Story by DAVID MUGONYI and PETER NG'ETICH
Publication Date: 10/17/2005
President Kibaki came under attack
yesterday for disregarding a court order against issuing title
deeds to the Ogiek community.
The Law Society of Kenya led church
and political leaders in condemning the President's action which,
they said, was likely to set a bad precedent.
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President
Kibaki |
The LSK
accused the Government of consistently ignoring court orders
and implementing reforms without any legal basis.
Reacting to the
President Kibaki's move, Kanu chairman Uhuru Kenyatta said
the Banana team in the referendum campaign had sensed defeat
and was trying to bribe voters to support the Wako Draft.
He said President
Kibaki's move was part of a wider plan to influence voters. |
LSK chairman Tom Ojienda, Kanu MP
Mutula Kilonzo and an Anglican Church bishop said the precedent
would render the rule of law useless.
Disregarded with impunity
The Judiciary, too, could fail to
show that it was capable of making decisions that can stand since
these would be disregarded with impunity.
Mr Ojienda said reforms being made
by the Government ahead of the referendum had no legal basis and
were reversing the good policies Narc adopted when it came to
power.
Bishop Thomas Kogo of the Anglican
Church of Kenya and the LSK North Rift branch, said the Head of
State should have sought another court order before issuing the
12,000 title deeds to the Ogiek community.
Mr Kilonzo said the President
should have consulted the Chief Justice over the matter instead of
relying on political advice.
The MP said the President's move
had undermined the independence of the Judiciary.
| Mr Ojienda said:
"Once courts have issued orders, we would like them
respected irrespective of whether that person is minister or
President. That is what the rule of law is all about."
Mr Ojienda said the
Government's zeal on reforms had been lost because it was
now practising the same wrongs Presidents Kenyatta and Moi
committed.
On Saturday, President Kibaki
gave out 12,000 title deeds to the Ogiek community in
Nakuru.
But the lawyer who had filed
the case that resulted in the order, Ms Victoria Lagat,
accused the President of not obeying his oath of office to
defend and uphold the law.
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Members of the public follow proceedings
during a rally addressed by President Kibaki
yesterday at Molo Stadium in Nakuru District.
Critics said the President was trying to
influence voters by issuing title deeds.
Photo/Joseph Kiheri |
Yesterday, Mr Ojienda
said the Government's recent action had rendered useless its initial
land reform programme.
He said important steps
the Government had taken when it came to power had been ignored by
the recent moves which were solely geared towards wooing the
landless to vote for the proposed Constitution.
The LSK chief listed
them as the "illegal" degazettement of the Amboseli
National Park, which was returned to the Olkejuado County Council
and the decision to give titles deeds to residents of Mau Forest. In
June, judges issued a stern warning to leaders who defied court
orders: "Let those concerned be warned that under Section 121
(1) of the Penal Code, disobeying a court order is punishable with
imprisonment of three years, which the court will enforce without
fear or favour."
Chief Justice Evan
Gicheru recently repeated the warning and asked ministers and MPs
not to meddle with the Judiciary.
He warned that ministers
could be found guilty of contempt of court in their official and
personal capacities.
Lands minister Amos
Kimunya and his Information counterpart, Mr Raphael Tuju, have
recently been accused of disobeying court orders.
North Rift LSK branch
chairman Maurice Buluma said Kenyans could soon start ignoring court
orders as the President did.
He said the President's
advisers should have gone to court and "overturned" the
injunction.
In Nandi, Bishop Kogo
said although giving title deeds was good for the residents, the
President's action would send the wrong signals.
Speaking at a church
function in Tulon, North Nandi, the bishop said ordinary Kenyans
might disrespect the courts because the President had done so.
The bishop said that the
Registrar of Lands should not have given out the title deeds for the
President to distribute.
LSK official Buluma said:
"If the Head of State himself has ignored the court, how does
he expect Kenyans to respect it?"
Kanu national secretary
for information and publicity Shariff Nassir said the decision by
some Cabinet members and the President to defy courts had set a bad
precedent.
The former minister said
President Kibaki’s move had justified the Orange group's decision
to oppose the proposed Constitution.
"Retired President
Moi was said to be a dictator but he never defied a court ruling.
The current government cannot be trusted with a constitution that
gives more powers to the Executive," said Mr Nassir.
The chairman of the
unregistered Islamic Party of Kenya, Sheikh Mohamed Khalifa, said
President Kibaki’s action could result into "the law of the
jungle".
"That act shows why
Kenyans do not want a President with excessive powers. There are
many people languishing in jail for contempt of court and the
President should have set a good example by respecting the
order," he said.
Additional reporting
by Juma Namlola
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