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Kibaki
criticised over Ogiek title deeds
The Standard
Monday October 17, 2005
Standard Team
President Kibaki yesterday came
under heavy criticism for defying a court order that stopped the
issuance of title deeds to the Ogiek.
But the President also received
backing for giving out 12,000 title deeds over the weekend with
Local Government assistant minister, Maina Kamanda, arguing the
court injunction was open to varied interpretation.
Roads Minister Raila Odinga and the
Law Society of Kenya said that by ignoring the order given by a
Nakuru court, the President had set a bad precedent and entrenched
the culture of disrespecting the Judiciary.
Raila warned that the Executive’s
continued defiance of the courts erodes the principle of
separation of powers and could lead to anarchy if left unchecked.
"We must respect the law and
uphold the Constitution," he said.
He also cited the continued use of
public resources to drum up support for the draft constitution as
more evidence of the disregard of the doctrine of separation of
powers and urged ministers to learn to respect the law.
But Kamanda said it all depended on
whom the court order was issued to.
The President had not violated any
law as the restriction had not been directed to him.
"The best person to clarify
the matter would be Lands minister Amos Kimunya. It is him to tell
us who the order was issued to. That should confirm the President
did nothing illegal," Kamanda said.
LSK chairman Tom Ojienda described
the Kibaki move as unfortunate and said the Head of State had
failed to lead by example.
The President’s decision amounted
to violating a court order, an action that went against his oath
of office to defend and uphold the Constitution, he said.
"The entire exercise reminds
us of the Kanu days when the rule of law was blatantly abused,"
said the chairman.
He accused Attorney-General Amos
Wako and Kimunya of failing to advice the President accordingly.
"The bucks stops with Wako who
is legal adviser of the Government. He should have told the
President about the dangers of disobeying the court order,"
said Ojienda.
Baringo Central MP Gideon Moi
termed the issuance of title deeds lack of respect for the law.
"It is sad that the people who
should be protecting and propagating the law of the Constitution
of the country are the ones breaking it," he said.
Mbita MP Otieno Kajwang’ warned
the Banana campaign team, saying it was not above the law.
Nambale MP Chris Okemo said the
President’s move amounted to abuse of office. Speaking at an
Orange campaign rally in Changamwe, Mombasa, Makadara MP Reuben
Ndolo said it was wrong for Kibaki to ignore court orders.
"He took the oath of office
when being sworn in to abide by the Constitution. Why did he go
ahead and issue the title deeds when a High Court had stopped the
same?" he posed.
Cabinet minister, Najib Balala,
concurred saying that it was wrong for the President to defy court
orders.
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