A Human Rights Defender's Perspective

THE BELOW ARTICLE WAS PUBLISHED IN THE WEEKEND EDITION OF THE STAR NEWSPAPER - 5/04/2014 SATURDAY, APRIL 5, 2014 - 00:00  --  BY BEMIH KANYONGE IMPOVERISHED: Refugee women wait for food rations at Dadaab camp. The government?s newest encampment seems to care little about the dignity of refugees. Photo/File The massive use of force by the government, often to kill innocent people, violates several provisions of the constitution. And its treatment of refugees violates Kenya’s obligations under international law. Ever since it came in power, the government has shown no respect for the rule of law. Article 2 proclaims the supremacy of the constitution. Anything done outside the constitution is void. No one can claim or exercise authority that is not recognised by it. Article 10 emphasizes two of the key national values of leadership and governance: the rule of law and good governance. The senseless killing of innocent people at the hands of criminals in the Coa...

THE BELOW ARTICLE WAS PUBLISHED IN THE WEEKEND EDITION OF THE STAR NEWSPAPER - 22/02/2014 In a speech during the launch of   ‘The State of the Judiciary and Administration of Justice Report 2013' on February 7, Chief Justice Dr Willy Mutunga raised a few important issues   touching on the administration of justice in Kenya. The Chief Justice highlighted consequences of disobedience or disregard of court orders – “…a fairly reliable down payment for anarchy …” The Commission for the Implementation of the Constitution weighing in on the debate over the impeachment of the Embu Governor  termed the disregard “…an assault on the rule of law, and threatens the very basis of our constitutional order …. Separation of powers does not insulate state organs from constitutional obligations.” In Zambia and the United Kingdom, disobedience of court orders has been deemed an "undermining of the justice system and leads to a complete state of lawlessness and a...