The Law Society of Kenya and the International Justice Mission (IJM) now want public officers who continuously disobey court orders punished.
This comes as acting Inspector General of Police Gilbert Masengeli was found guilty of contempt of court for failing to honor court summons six times.
Masengeli was summoned by Justice Lawrence Mugambi to explain the circumstances under which three people disappeared in Kitengela on August 19.
Justice Mugambi made the ruling as Masengeli embarked on a weeklong tour of the North Eastern region that has been rocked by insecurity.
But LSK president Faith Odhiambo said the National Police Service should answer questions on why Masengeli is disobeying court orders.
“On Tuesday, the excuse he gave for not appearing in court was that he was out of town but we saw photos of him a few kilometres from the court,” Odhiambo said.
Odhiambo challenged the courts to take responsibility and ensure its orders are followed by either refusing to grant the culprits audience or pronouncing themselves on the law in order to stem the habit.
She said the courts cannot continue to complain that their orders are not being followed and that they have to ‘sink their teeth’ into the offenders.
“We can’t have a whole arm of government crying foul just like the rest of Kenyans when orders are being ignored left, right and centre. The courts are saying they have teeth and they are not biting or showing their might,” she said.
Odhiambo raised concern that inaction will encourage the trend.
“I remember when Justice Anthony Mrima held ex-DCI boss George Kinoti in contempt of court and sentenced him to four months in jail and he had to rush to a higher court to seek stay orders. That’s when they started taking court orders seriously,” Odhiambo said.
Odhiambo said unless courts refuse to grant any orders to those who disobey them, no change will be realised.
She said LSK has done its part by filing cases on enforced disappearances and demanding that victims are produced before court and that it’s unfortunate that habeas corpus orders are being taken for granted.
“Unless courts recognise the importance of the habeas corpus orders and the role they play in our country, we will not be able to see justice.”
International Justice Mission (IJM) Kenya acting Country Director Vincent Chahale on his part said it is time for players to file a spirited public interest litigation case seeking orders that declare public officers found in contempt of court for disobeying orders unsuitable to hold public office.
Chahale said should such an order be granted, it would be applied to other cases and help to enforce compliance.
“The media, CSOs and oversight agencies have to be brave in order to win the war on accountability. I urge that all of us put our efforts together so that we can realise the fruits of our constitution,” he said.
IJM is an international NGO that focuses on human rights, law and law enforcement.
The two were speaking during a journalists' training forum organised by the Missing Voices Coalition, a group of organisations that track enforced disappearances in Kenya, in Nanyuki, Laikipia county.