Lawyers to boycott court, protest State's disregard of court orders

Lawyers led by Law Society of Kenya chairman Isaac Okero protest in Kisumu town following the murder of human rights lawyer Willie Kimani, his client boda boda rider Josephat Mwenda and driver Joseph Muiruri, JUne 6, 2016. /MAURICE ALAL
Lawyers led by Law Society of Kenya chairman Isaac Okero protest in Kisumu town following the murder of human rights lawyer Willie Kimani, his client boda boda rider Josephat Mwenda and driver Joseph Muiruri, JUne 6, 2016. /MAURICE ALAL

Lawyers will from Monday launch nationwide Yellow Ribbon Campaign to protest government’s brazen

disregard of court orders and violation of the Constitution.

LSK President Isaac Okero said government’s behaviour is a recipe for anarchy because it encourages Kenyans to disrespect the law.

“It should always be the government that demonstrates to the citizens, by its example and conduct, the importance of strictly adhering to and respecting the law. When a government shows contempt for the law it becomes impossible for it to require citizens to respect the law,” Okero said in a statement on Saturday.

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“There is a palpable feeling of outrage and dismay at this display of contempt for the laws and the constitution,” he added.

The Yellow Ribbon campaign has been in existence in Kenya since 2002 when lawyers used it to support Constitutional and judicial reforms.

The ribbon may be worn on a person, placed on a vehicle or tied around a tree to symbolize “vibrancy, tenacity and commitment to justice”.

“Those words ring true today. Now we must protest the level of impunity shown by state and public officers which is a threat to the rule of law.”

Prior to his deportation to Canada on Monday, February 5, the police disobeyed five court orders that required them to release city lawyer Miguna Miguna or present him in court.

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Okero said the Yellow Ribbon campaign will employ a multi-pronged approach across all LSK branches in the country.

Boycott court sessions

He said the Council in consultation with the leadership of all the branches agreed that lawyers will stay away from courts for a week from Monday, February 12 to Friday, February 16.

However, lawyers will attend all election petitions since they are nearing their conclusion.

“By excluding election petitions from the court boycott, the Society demonstrates the bar’s commitment to the delivery of electoral justice,” Okero said.

Protests

According to Okero, every lawyer will be required to wear a yellow ribbon during the boycott period which shall culminate in protests on Friday.

He said lawyers at every court will hold discussion sessions on obedience and enforcement of Court Orders and the importance of universal adherence to the rule of law on the day of the protests.

Lawsuits

Apart from protests, Okero said LSK will also sue the government over the recent shutdown of TV stations and seek compensation on behalf of the affected stations.

“The Society shall seek, in addition to appropriate orders and declarations, personal liability against the state and public officers who are and have acted with impunity.”

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Okero confirmed that LSK is already representing the self-styled NRM General Miguna Miguna who was deported to Canada in a bid to have him produced in court in Kenya as ordered by Judge Luka Kimaru.

Further, Okero said the society will prepare a Yellow Ribbon Memorandum that will be a compilation of incidences where the government and public officers have willfully disobeyed court orders and violated human rights.

“This information shall be collected from members through the branch networks and collated by an ad hoc Yellow Ribbon Memorandum Committee,” Okero affirmed.

He said the memorandum will be served to the office of the President, Chief Justice David Maraga and National Assembly Speaker Justin Muturi and his Senate counterpart Ken Lusaka.

“Members are urged to support the branch and sub-branch leadership in the collection and transmission of the required data. The position of the Law Society of Kenya is unequivocally that fidelity to the law is the solemn and patriotic obligation of all,” Okero said.

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