The constitutional and legal foundation is now partly in place and before 26th August 2015 all the Constitutional bodies, structures and enactment of envisaged laws will have hopefully been accomplished.
With the elections over and done with, Kenyans are facing the stark reality of a devolved government and how law and development will function in unison and as handmaidens for the betterment of the country.
Roles the President and his Deputy, the Senators, MPs, Governors and operation of Counties need to be understood and enforced by law without limitations.
An average citizen is not and will not be concerned with the pecking order of the newborn politicians but with the concept of development in a climate of accountability fairness and integrity — or call it the constitutional provisions of our national values and principles of Governance under Article 10 of the Constitution.
Law and development movement is an accepted concept and concerns the relationship between legal rules and institutions and economic development. In Kenya this has long been recognised and dubbed as “Vision 2030”.
Since independence there have been different waves. The post independence euphoria, the wobbly path of dual system or parliament, later being converted into one National Assembly, the stifling of opposition in the late seventies are all of historical interest now.
‘Harambee’ concept was forgotten and the hope of fighting ignorance, disease and poverty instead saw the advent, after the death of the first President of the Republic, of another wave of totatarian rule — the demise of democratic institutes, the advent of one party state, the Nyayo concept of “Peace, Love and Unity”, and more often than not rule by decree ultimately resulting in the fight to have a new constitution in place.
And then come the birth of the new Constitution, and almost two and-a-half years of infancy of the Constitution has resulted, yesterday, in the emergence of a new President, and a new historical era.
A non-elected reduced Ministerial portfolio of up to 22 Ministers will soon be in place. The President, like all Kenyans, has been given a unique opportunity to make the legal institutes work for the betterment of the country. And our new President will have to confront unfathomed legalities.
What, in golfing parlance, is the President’s legal handicap before he tees off? In retrospect, it can be argued that he will start with an amazing and already transformed legal and structural institutes all strongly embedded in law.
The Supreme Court, the Land and Environment Courts, the Labour and Environment Court, the Director of Public Prosecution, the Ombudsman, the National Police Service, the Police Oversight Board, the National Security Intelligence Service are some important legal landmarks to hold the President’s hand in Governance.
Over 15 Commissioner, some permanent, others transitional, are already in place and expected to further the cause of democratic governance. A significantly transformed law and development movement has re-emerged with different theoretical underpinnings and policy objectives and an amazingly enhanced institutional power.
The agenda of the new order therefore is to fight lack of transparency, corruption, and further the cause of accountability within the perimeters of national and international laws.
growing divide
Former inadequate legal structures as barriers of development and economic growth, have already been discarded and it remains for all the leaders now to use all the institutes, structures and mechanisms for development and growth.
The legal reform after 2010 occupied a central place and the transition has been successful albeit fairly difficult and rife with many unenvisaged obstacles — mainly comprising legalities and legal objections. Many court cases have highlighted injustices and have shown that all, including the President, need to strictly apply and follow the law.
High Court ordering the President to undertake his legal duty within a specified period would have been unheard in times gone by! It can now generally be claimed that there is faith in the Judiciary and respect for rule of law; justice is seen to be done and the courts do not shy away or shun to implement a defined set of legal rules. All this augurs well for investment and facilitates transactions thereby fostering economic growth.
Property rights and enforcement of contracts furthered by a new set of land laws, with wide range of social movements and respect to humanitarian rights and gender equality is bound to encourage development.
All the above may appear to paint a rosy picture but there are huge hurdles.
The scourge of Sub-Saharan Africa, reflecting the lingering backwardness perception, remains the pre-occupation of corruption, lack of planning and failure to provide the basic right of food, adequate health and security to its citizens.
The growing divide between the rich and the poor – and the developing and industrialised world’s – only go to indicate that development, equality and human welfare all are matters of law.
Strict and unwavering adherence to law therefore will be the barometer of the new President and the devolved government and five years from now Kenyans will inevitably pass judgment not only on the national development agenda but the leadership and the efficacy of the Constitution once again
