Violation of human rights, dignity points to impunity, broken system

Some of the bodies that were exhumed from shallow graves by police officers at Shakahola in Malindi, Kilifi County. [Marion Kithi, Standard]

The republic suffers intensely when there is a breakdown of national values and principles of governance. The Constitution ascribes great premium to national values and principles of governance. Kenya is a multiparty democratic State founded on national values and principles of governance. These bind all State organs, State officers, public officers, and all persons whenever they apply or interpret the Constitution; enact, apply, or interpret any law; or make or implement public policy decisions. The three State governance organs, the Executive, Parliament, and the Judiciary are supposed to operate independently and interdependently in coordination to check and balance each other ensuring a healthy balance of power on the basis of the principle of separation of powers. Coordination within and between these organs is key to ensure seemly State operations. For example, the Parliament is supposed to make laws, provide oversight over national budgets and spending and approve them, and provide other approvals such as the use of military inside Kenya by the Executive, imposition of states of emergency, or the appointments of State officers.

The primary duties of the Executive include the defense and security of property, people, and the State and the delivery of services, in a transparent and accountable manner. The Judiciary is concerned with dispute resolution, dispensing justice, protecting human rights, legal, and constitutional interpretation. The powers of these organs are supposed to be held in trust and exercised for the greater good of all Kenyans. These imply that the persons bestowed with the honour and privilege to serve in the three organs of governance possess the competencies befitting the offices and practice and ascribe to the national values and principles of governance.