STANLEY OWADE: Disregard of the law a governance problem

I have always maintained the view that Kenya has good, if not the best, laws needed to make any nation great.

However, for good laws to serve a country and the needs of its people, certain principles of law must be adhered to, without which these laws fail to serve their purpose and lose meaning. In such a case, a state of anarchy and a failed state occurring is almost always likely.

The principal of equality of law dictates that every person is equal before the law, receives equal protection and benefit of the law and that most importantly, that no one is always above the law. The Judiciary, one of the three arms of government, is tasked with ensuring that the rule of law is upheld and adhered to. This means that among other functions, it has a primary obligation to the Kenyan people to hold the Executive and the parliamentary arm of governments when they fall short of the legal mark.

That the Executive has been observed to selectively apply the law and disregard court orders paints a telling picture, and should be a source of concern to all law abiding citizens of Kenya. Since the infamous, “We shall revisit ” remark by President Uhuru Kenyatta, the relationship between the Judiciary and the Executive has been frosty and legal disputes arising between the two arms of government have been nothing more but opportunities to settle scores. By the yardstick of success, the Executive seems to perform par excellence.

But this is beside the point. Leaders reflect the will of the people and as such, have a moral obligation to they who elect them to office. Simply put, leaders set an example and a standard for their people to follow. Is it then a reflection of the will of Kenyans that rule of law be done away with or rather, applied selectively? What then happens to the country when everyone starts to disregard the law? Would we want to live in such a country, and would the country even be able to exist in the first place?

Even as the political drums start to beat, these are some of the questions Kenyans ought to ask themselves when they elect leaders.

Stanley Owade, [email protected]