President Uhuru has been put on the spot over a tendency by his government to disobey court orders.
On May 24, the Head of State oversaw the official take over of the Kenya Meat Commission by the Kenya Defence Force.
The functions of the commission were taken away from the Ministry of Agriculture, despite a court order blocking its militarization.
This has put president Uhuru in bad books with the Judiciary once again due to his unconstitutional decision.
Speaking to Citizen TV, lawyer Dan Oketch said that it was illegal for Uhuru to transfer the mandate without public participation.
“The government has actually appealed that decision, but there is no stay order of any sort that has been acquired by the Attorney General to that particular extent. The status then, is as Justice Mrima had indicated,” he said.
The lawyer accussed Uhuru’s government of constantly disobeying court orders which is against the rule of law.
“We don’t fall short of examples to demonstrate that the government and its State agents have no respect for court orders, decisions and declarations, which is a recipe for anarchy. Any country governed by the rule of law must respect court orders,” he added.
Uhuru’s government has been on the spot for disobeying multiple court orders.
Former Chief Justice David Maraga decried this unwarranted behavior that has not changed even after his retirement.
One case in point is the declaration by Maraga that the current parliament is unlawful, hence should be dissolved.
“It is incontestable that Parliament has not complied with the High Court order, As such, for over 9 years now, Parliament has not enacted the legislation required to implement the two-thirds gender rule which, as the court of Appeal observed in its said judgment, it is a clear testimony of Parliament’s lackadaisical attitude and conduct in this matter“
“Consequently, it is my constitutional duty to advise Your Excellency to dissolve Parliament under Article 261 (7) of the Constitution,” said former Chief Justice David Maraga.
This legal directive was disregarded like many others as parliament has continued to perform its operations without following constitutional requirements.