UPHOLDING THE RULE OF LAW

The greatness of any nation is dependent on an array of issues. Top on that list is constitutionalism. No nation has ever thrived in an environment of anarchy. The opposite is indeed true. Many countries have been destroyed for lack of faith in the rule of law. In the words of the Chief Justice Maraga: The greatness of any nation lies in its fidelity to the constitution and adherence to the rule of law and above all respect to God” Constitutionalism provides a framework through which people are governed. It is the basis for the prosperity of any people.

Most of the western countries in Europe and the Americas that are considered to be in the league of first World nations have reached to great heights of success on the wheels of the rule of law. None of them got to where they are today based on good luck and sheer hope. It has been hard work coupled with determination, resilience and off course commitment to civilization. This indeed is the basis for their success. I am not trying to imply that everything western and foreign is good and should be embraced without critique; my point is, to a large extent the Western World has succeeded owing to the fact that it is devoted to her constitutional processes.

The Asian tigers of South Korea, Singapore and Malaysia seems to have picked the idea of fidelity to the rule of law pretty early; hence, her current social-economic status. One cannot miss the fact that this nations have risen at rocket speed. Though it has been said on numerous occasions that these Asian tigers and most of the African Countries were at par in many aspects during the independence era of the 1960s; it seems that her early fathers were resolved to constitutionalism  and worked extra hard to transform their nations and economies for the good of its people. Interestingly it is even thought that the blue prints of the bylaws that built Kuala Lumpar were borrowed from Nairobi. One cannot afford not to wander what went wrong with us. Kenya and Africa at-large must rise and change this narrative today not tomorrow!

Kenya has been on the path of constitutionalism for a while now, probably since her independence days. The clamor for the rule of the law has been an on-going process. It is worth noting that this struggle gave birth to the 2010 Constitution, which has been acclaimed to be the most progressive on the African Continent. However, it is important to point out that Constitutional blue-print and documents do not necessarily translate to social-economic transformation. The law must be observed, implemented and upheld by all and sundry. None of us is above the Constitution.

It is sad to note that in most cases those who are responsible for the implementation of the constitution from the judiciary, executive, legislature and even the political class, both in the opposition and those in government; have sadly been in the fore-front of disregarding the rule of the law that they only uphold pieces of our rule that are convenient to them at different times to expedite their selfish interests and purposes. In recent past, you will hear politicians from either side of the political divide challenging the other to uphold the constitution while they on their part seems to be disregarding sections of the same law.

The rule of the law can never be upheld in piece-meal; it must be obeyed and implemented in its totality. The destiny of this great country is dependent on our faith in God and our fidelity to our Constitutional processes.

“One who turns away his ear from hearing the law, even his prayer is an abomination”. Proverbs 28:9

Have a Lovely Sunday.