Martha Karua condemns 'accept and move on' mantra

Kwale, Kenya:  Former Justice and Constitutional Affairs Minister Ms. Martha Karua has criticized Government for breaching the constitution.

Ms. Karua said that the Government should stop promoting the mantra of ‘accept and move on’ when the constitution is supreme.

The former Justice Minister said that she supports calls for a referendum towards making the Government listen to realities affecting Kenyans directly.

“We should not cheer as the Government perpetuates impunity and disrespect the Rule of Law to the extent that the National Assembly Speaker dismisses court orders,” Ms. Karua said.

Ms. Karua said that Article two of the constitution is explicit on the supremacy of the constitution which binds all people and State organs at both levels of Government.

The Former Justice Minister and Narc Kenya Party Leader was delivering a closing address at the Law Society of Kenya (LSK) Annual Conference that concluded at the Leisure Lodge Beach & Golf Resort in Kwale, County.

The theme of the Conference that attracted over 800 lawyers was The Spirit of the Law: Constitutional Tension between the Three Arms of the Government.

“We need to internalize provisions of the supreme law and uphold the Rule of Law instead of the mantra of ‘accept and move on’,” Ms. Karua said.

Ms. Karua explained that Parliament was supreme in the old constitutional order but now the constitution is the supreme law.

“It is strange that in the wake of the new constitution, Parliament can threaten to withhold funds from the Judiciary to arm-twist the arm of Government, “Ms. Karua said.

The Justice Minister explained that separation of powers is the hallmark of a Presidential system of Government.

“Things that are happening in this country that are not right must be corrected…the Government must also accept positive criticism towards democracy and development,” Ms. Karua said.

The former Justice Minister regretted that the public was fast losing confidence in institutions like the Judiciary and constitutional commissions over thriving impunity.

“How would the public trust courts when a Speaker trashes its decisions or when Senators are unconstitutionally put in charge of county development boards?” Ms. Karua posed.

Ms. Karua said that Governors were elected to be executive heads of the devolved units and cannot be subordinated by Senators.

“How can you chair a Governor in his house? If Senators wanted to lead the counties then they would have run for Governor’s seats,” Ms. Karua said.

Ms. Karua said that the laws creating the county development boards was passed out of malice and set a bad precedence on separation of powers.