When Miguna Miguna was arrested for participating in the controversial swearing-in of National Super Alliance (NASA) leader Raila Odinga on January 30, he was detained until his deportation to Canada.
The intervention of the Courts did not help secure his release as numerous Court orders were ignored by the Interior Ministry, Immigration Department as well as the police.
Upon his return to the country, Court orders were again not honored as his entry into the country was barred and he was detained at JKIA for four days before being deported to Dubai again. The Courts again failed to secure his release from the police as the Court orders were again ignored.
Miguna's detention may have exposed the lack of authority of the Courts as well as no respect for the rule of law in the country. The case may have as well indicated that some people are above the law.
When the police failed to release the lawyer as well as produce him in Court may indicate that the Judiciary is losing the grip on handling sensitive issues in the country.
The failure of certain government officials like Police Inspector General Joseph Boinnet, Interior CS Fred Matiang'i and Immigration Department Director Gordon Kihalangwa to appear in Court as ordered also showcases that the Judiciary is being overlooked by certain individuals who believe they are above the law.
Miguna's case is a clear indication that the Chief Justice David Maraga should institute mechanisms that will ensure there is no future re-occurrences of Court order violations. The Courts should not appear as though they are only for the poor people who have no power of disregarding what the they (Courts) want.
The government should also act as a good example by ensuring that it abides to the Court orders. If government officials decide to look the other way when it comes to our Courts, then Kenyans will lose faith in the country's Judicial system and widespread violation and disregard of Court orders.