Why the Courts Always Trash Illegal Matiang’i Orders

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High Court Judge John Mativo has thrown out a case in which Internal Security Cabinet Secretary Dr Fred Matiang’i bulldozed into force once again.

Matiang’i is not a stranger to acting outside of the law and has had his fair share of disappointments and shame.

At one point, the firebrand minister was asked how he manages the cases against him. He calmly said he gets court orders every day and he just doesn’t give a hoot!

Matiangi, through the Betting Control and Licensing Board, had drawn a raft of measures targeted to curtail the growing popularity of gambling among the youth.

While gambling has its demerits which range from addiction, dependency and even fatalities stemming from suicide, CS Matiang’i was seen to not just like the business.

In their order, gambling ads were to be restricted to before 6am and just after 10pm when the younger population are presumed to either be still sleeping or just gone sleeping.

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The other proposal was that all outdoor advertising was to be banned and all celebrity endorsements of gambling business be prohibited.

Also in the order was that the gambling ads should have at least a third of their airtime or space dedicated to showing the negative effects of gambling.

However, the judge, through the reading and interpretation of the law, found the order based on mere emotions than solid law.

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It was thrown out.

Two years ago, Matiangi restructured 22 University councils in a controversial move that attracted the intervention of the court.

In overturning the order, Judge George Odunga ruled against Matiangi saying theConstitution only allowed the CS to select members of the council but not reconstituting them.

Apparently, the CS had realized his actions were anchored on everything but law, and revoked his order.

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March 2018 at the height of a legal battle involving former Opposition leader Raila Odinga’s aide Miguna Miguna, Dr Matiangi in the company of Immigration boss Gordon Kihalangwa and then Inspector General of Police Joseph Boinnet defied sweeping orders restricting them to deport the lawyer to Canada.

The security chiefs would forcefully eject the controversial lawyer out of the country after a series of detentions, movement of detention centres and limiting his access to lawyers.

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In the battle that turned to be a pissing contest, High Court Judge Odunga remarked at one point that the Executive was in some sort of competition with the Judiciary.

“If we allow them to continue with impunity then we judges, being the temple of justice, will be encouraging them. Their actions have created anxiety among the public because they are behaving as if they are in competition with courts as to who wields more power,” said Justice Odunga.

The trio skipped court summons throughout the case and only sent representatives and lawyers even to the point of sentencing, citing their “attending to more serious matters of National Security.”

At the time of defying the court orders over te deportation of Lawyer Miguna, CS Matiangi was a mere Acting CS fir Interior.

with the sweeping powers handed down to him by President Uhuru Kenyatta even to supervise all the other Cabinet Secretaries and coordinate government functions, the man has become full with power.

We can only wait to see which law he breaks next.


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