Yesterday as the whole world looked on at the events un-folding at the Kenyatta International Airport, the government of Kenya gave the judiciary the middle finger — in broad daylight.
It all started when Joshua Miguna Miguna, the fiery Kenyan lawyer deported to Canada on February 6 was cleared by the Kenyan High Court to return home. What followed upon his disembarking from his flight from Dubai was not only embarrassing but it gave the rule of law in Kenya a black eye.
What is frightening is not that government was refusing Miguna, a Kenyan-born citizen re-entry. The Executive cannot perform as if is is above the law and chooses to defy court orders, and directs its police and immigration agents to act as thugs, assaulting and brutalizing members of the press who were covering the Miguna saga.
There cannot be democracy without a free press, and what we witnessed yesterday at JKIA as members of the press were being treated as thugs portends difficult days ahead for Kenya.
Commenting on the behavior of the police and GSU agents yesterday in their maltreatment of the press, Dennis Itumbi, State House Senior Digital Communications Director said, “Journalism is not an absolute right.”
If that is not scary it should be.
Impunity should not have immunity.
The Kenya High Court has issued 6 orders in connection with Miguna’s deportation and attempted return home, sanctioned by the court, no less, and all have been consistently been ignored. This ought not to happen in a democracy, and of all places, Kenya.
In the words of Hight Court judge, Justice George Odunga, “ Court orders are not subject to the interpretation of the Executive. The laws are not silent. They may be changed but they speak the same language.”
And this is not all about Miguna, a man that seeks and craves publicity. It is about every Kenyan who must demand the protection of the law, guaranteed by the Kenyan constitution.
Justice Odunga added, “ Courts are not guided by ministers or political popularity; courts are guided by law and law alone. Court orders must be obeyed.”
Defying and disregarding court orders is a foundation for anarchy. Commenting on the Miguna case, Chief Justice David Maraga put is succinctly; “ Disobeying court orders is inimical to the rule of law.”
Indeed.
At the end of the day, thuggery and the law of the jungle prevailed. Miguna Miguna was allegedly sedated and bundled onto to a Dubai bound flight, against his will, ejected from his country of birth.
This disrespect for the rule of law is unnerving and worrisome. These are things you would expect in a “shithole” country, not Kenya, unless we are being forced to think otherwise.
In unison Kenyans ought to raise an alarm. Every Kenyan is a Miguna. There is no greater sin than seeing evil and doing nothing about it.
