Acting Inspector General of Police Gilbert Masengeli's decision to snub court summonses to explain the whereabouts of three men suspected to have been abducted by the police sets a bad precedent in a society governed by the rule of law.
The acting IG said he was away at a workshop in Mombasa. However, considering the office he holds and the authority bestowed to the Judiciary, failing to honour a court summons has far-reaching and serious implications for the justice system.
By defying court summons, the authority of the Judiciary is weakened and a clear signal that our courts may lack the power to enforce their rulings, especially over law enforcement agencies. Such defiance will diminish respect for the Judiciary among the public and other government institutions, undermining the principle of checks and balances.
Moreover, when police officers disregard court summonses, mainly in cases involving allegations of human rights abuses, this can obstruct justice and prevent victims from obtaining redress. Additionally, the perception that police are not accountable to the courts can bolster officers to engage in further misconduct, knowing they may not face the consequences.
Guarding public interest in policing, which is the slogan of the Independent Policing Oversight Authority, is significantly eroded when officers defy court summons. For better policing and building trust in policing, police have a role to play by being an example in honouring court summonses.
When police officers flout court summonses, it sends a message that certain individuals are above the law encourages legal impunity in our society. Impunity undermines the rule of law, which dictates that all individuals, regardless of position, are subject to the same legal standard.
If police can ignore court summonses without repercussions, this encourages similar behaviour by other entities or individuals, leading to widespread non-compliance with the law.
Moreover, as a society, and bearing in mind the recent protests that led to changes in the Cabinet, the action by the police to defy court orders may encourage or lead to social unrest, public frustration, protests and even civil unrest as members of the public demand accountability and justice.
Lastly, law enforcement or senior authorities defying court orders can damage Kenya’s reputation internationally, raising concerns about the country’s commitment to the rule of law and upholding human rights. In extreme cases, such cases, and actions, could result in international sanctions or affect Kenya’s relations with other countries and the international community.
For our systems and all arms of government to work well, we all need to do all that it takes to thrive in a just country.
