News 2005

 

Stop ignoring court orders

DAILY NATION
Publication Date: 10/25/2005

 

Recent Government pronouncements have put the rule of law in serious jeopardy, because they deliberately ignore or belittle valid court orders. 

The edict by Lands minister Amos Kimunya urging squatters on a disputed piece of land to stay on - totally disregarding a court order evicting them - is the latest addition to the growing list of blatant violations of the law. 

The Narc administration has displayed scant regard for the rule of law on both private and public property. 

While the Government has been quick to explain its actions, there can be no justification whatsoever for failing to ensure the sanctity of private property. 

Populist slogans have been offered whenever the Government is questioned over its actions. But they do not convey a rational programme to redress social wrongs. 

This largely political disease, which, apparently, forces leaders to speak on impulse, flourished in the Kenyatta and Moi eras. 

The Narc administration has taken it to new heights by allotting public land to individuals - as has happened in Mau Narok - and inciting squatters in Nyandarua to stay on in a private farm, an issue being contested in court. 

Now, if the Government has the temerity to disregard the law, how are ordinary mortals expected to act? 

There has been a temptation to reduce everything to the ongoing contest over the referendum on a new constitution. 

Many things have been said and done with no other intention but to appeal to the masses. Such inducements have been condemned by the Electoral Commission of Kenya. But the ECK, too, has been studiously ignored. 

What the Government should recognise, as President Kibaki has rightly observed, is that there will be a nation to govern after November 21. 

But that can happen only if systems are followed and peace prevails. Actions by his ministers -  and even by him (in the case of the title deeds he issued to the Ogiek) - undermine the very principle on which this nation is founded: Respect for the law.

 

 

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