Explainer: What happens when a State officer ignores court summons?

When a State officer, especially one tasked with upholding the law, disregards court orders, it represents a significant breach of public trust and undermines the judiciary's authority.

This situation has raised critical questions about the implications of contempt for court orders, especially by government officials.

Lawyer Kamotho Waiganjo explains that the law does not differentiate between citizens regarding compliance with court rulings.

Undermining Judicial Process

Disobeying a court order constitutes contempt and undermines the judicial process. When State or public officials flout court directives, it weakens the law, a cornerstone of societal order.

Waiganjo points to a flaw in enforcing court orders; the judiciary lacks an independent enforcement mechanism and must rely on security services, which may themselves be in contempt. This dynamic often results in reluctance to act on contempt orders, even though the law requires a jail sentence.

“Civil servants exploit the fact that courts have no independent enforcement arm and must rely on security services, which often leads to a lack of enforcement,” Waiganjo notes.

Lawyer Nzau Musau shares these concerns, observing that many in the Executive and other branches of government are aware of the judiciary’s limitations in enforcing its rulings. As a result, they often disregard court orders, confident that consequences will be minimal.

However, Musau stresses that courts still retain the authority to punish those who disobey.

“As Justice Mativo observed, a court without contempt powers is not a court. Courts must continue to hold individuals accountable for contempt to preserve their relevance and the rule of law,” says Musau.

Section 5 of the Judicature Act grants both the High Court and Court of Appeal the power to punish for contempt. A conviction for contempt is treated like a criminal conviction and is subject to appeal.

Violation of the Constitution

In Masengeli’s case, while the court may not declare him unfit for office, it could find that he has violated the Constitution, explains former Law Society of Kenya President Nelson Havi.