Saturday, February 22, 2014

RULE OF LAW MUST REIGN SUPREME ........................................... Our political dispensation allows disrespect for the rule of law to become the norm rather than the exception . Within the three arms of government , disdain for each other in the discharge of duties is the order of the day . While castigating the Governors open defiance to summons to appear before the Senate , the presidents contention that even he is accountable to the national parliament rings hollow . Amidst all the corruption highlighted , has he ever demonstrated that ? There have been a number of public appointments by the president that openly breached the law . Rarely has he retracted . In direct breach of article 227 of the kenya constitution , without tendering , China road and bridge company was awarded the contract to build a standard gauge railway line at an exorbitant cost compared to a similar undertaking in Ethiopia . Challenged by some legislators , the president did not mince words in saying the project would go on , like it or not . This does not conform to the principal of accountability whose first rule is willing submission to the oversight authority . The president once publicly hit out at parliamentary committees for summoning his cabinet secretaries , hardly respect for the legislature . Similarly , some of the summons amounted to the legislature attempting to micro manage the executive . The president has constantly lambasted the judiciary for overturning some of his decisions in sacking the small fish in corruption cases . At some point , parliament attempted to muscle in on the judiciary on matters internal by summoning members of the judicial service commission to appear before it in relation to the sacking of the former chief registrar of the judiciary and the allegations she made . While not holding brief for the judiciary , the courts are justified in granting injunctions . As an arbitrar in disputes , courts rely on injunctions to maintain the status quo at the point of inflamation untill a case is heard to its logical conclusion . Without these injuctions , courts will appear to favour one side . My point of departure with the judiciary is when injunctions are granted to allow known criminals evade justice . All said and done , we must acknowledge the supremacy of the rule of law . Any form of disobedience to it , led by the executive and legislature , is a recipe for anarchy . Ultimately , all differences of opinion , be they political , social or economic , are resolved by the courts . Where the law is not clear it is the courts that will give an interpretation on the way forward . The courts proper interpretation of the constitution will give clear boundaries within which each arm of government can operate .

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