It’s time Mutunga defended Judiciary against onslaught by MPs and senators

Chief Justice Dr Willy Mutunga. PHOTO | FILE  NATION MEDIA GROUP

In Summary

• The opposition went along and forgot their rightful role from which they have never recovered.
• Governors are the source of much of the discontent about devolution as they waste money on trips, helicopters, chase cars and other luxuries.
• The Judiciary had better start resisting this ritual of disobeying court orders or it will be rendered irrelevant

By Maina Kiai
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Our MPs and senators are on a rampage to show “superiority” vis-à-vis the Judiciary and governors. It is amazing that a year after polls, they can display such naivety and simple-mindedness as they destroy the Constitution, the theory of separation of powers and devolution. And ultimately, they will be the losers, as much as Kenyans and Kenya.

They started badly in 2013, deciding that nothing was more important than ensuring they earned huge perks despite controls set in by the Constitution.

They exhibited extreme hostility and arrogance to Kenyans who had wanted their salaries slashed. They eventually got what they wanted, but lost their potential moral high ground that would have made them real and effective leaders who could hold the Executive accountable.

The saddest part was that the opposition, traditionally the bastion of principal and dissent, went along and forgot their rightful role from which they have never recovered.

What they did not contemplate, in their short-sightedness, was that one of the beneficiaries of their greed would be President Kenyatta who now did not have to worry about an effective opposition.

And now, they are so intent on putting governors down that they are prepared to trash court orders. In so doing, they are weakening devolution and public support for it as well as shredding the Constitution, barely three years after we so joyfully passed it!

I don’t hold brief for Martin Wambora or governors — who are not helping their cause and that of devolution — with the way they are mismanaging resources. In fact, they are the source of much of the discontent about devolution as they waste money on trips, helicopters, chase cars and other luxuries.

DE-FANGED JUDICIARY

How naïve! For in a situation where they know that Mr Kenyatta and his cronies do not like or want devolution, they are providing the ammo being used against them. If devolution is scrapped or weakened, they will lose their hallowed roles, partly by their own hand!

And I can’t understand why senators, whose raison d’etre is devolution, have joined in this self-defeating supremacy contest. If governors go, they too go! They are cutting off their noses to spite their faces!

I know that court orders should be obeyed by everyone, including MPs, senators and the President. Once they start disobeying them, as they did with the one prohibiting them from discussing impeachment of Mr Wambora, then the law of the jungle sets in, which could boomerang on them once they exhibit independence for there will be no court to provide redress.

And it is already happening. A few days ago, the Inspector General of Police said he could not effect an arrest warrant because that would “embarrass” his senior! The Law Society should proceed with removing Mr David Kimaiyo — as it threatened despite Mr Mutea Iringo showing up in court. Mr Kimaiyo has shown that he does not understand the Constitution.

The Judiciary had better start resisting this ritual of disobeying court orders or it will be rendered irrelevant, something I suspect Mr Kenyatta desires in his quest for return of the original Kenyatta dictatorship in which the president’s word was law.

It is time CJ Willy Mutunga led this charge for respect for the law using the courts and the court of public opinion.

At the end of it, the only office that gains from a de-fanged Judiciary, and the end of devolution, will be the imperial presidency — which took our blood, sweat, toil and tears to end in 2010 with our new Constitution.