Kenyans suffer as interests of the ruling class take centre stage

It is an axiom of practical politics, that the worst enemies of political decency are the tired reformers — and the worst of the worst are those whose primary thirst to make the corruptible put on incorruption is accompanied by a somewhat sniffish political class consciousness.

And this typically applies in this great nation, never mind we are living in the 21st century. Yes, the 21st century and the highest holders of constitutional offices are busy satisfying their own interests.

It is an understatement to say it is unfortunate that the highest institutions in the land are finding great satisfaction in disregarding the rule of law. This is rather harsh but the fountain of justice has now turned out to be its greatest threat.

Such institutions have practically been transformed to political playgrounds where the high and mighty have a say while a commoner like you and me continue facing subdual.

The enactment of the Constitution in 2010 came as a relief at least for many Kenyans who relentlessly sought justice for decades without success due to corrupt circles of individuals who used their influence and political class to curtail literally everything.

But even then, are Kenyans enjoying the provisions of this law—that most importantly vests its powers in the citizens and not the political class? The answer is pretty obvious. We are witnessing downright looting and corrupt practices left, right and centre!

And there is no doubt that oppression of citizens has shifted to institutions where inept holders of constitutional offices bear the brunt of suppressing and oppressing the right of Kenyans.

Most importantly and specifically, the justice system in this country is, for lack of a better word, is rotten. Rotten in the sense that huge chunks of money keep ‘exchanging hands’ sabotaging the outcome of cases and further denting public faith in the crucial arm of government.

The Ipsos Synovate group, in a survey, revealed that public confidence in the Supreme Court has fallen by 12 per cent since November last year, while confidence in the High Court and local magistrate courts across the country fell by seven per cent.

The numbers could have escalated considering the trend set by both the appellate court and the Supreme Court in overturning judgements of immediate lower courts.  A perfect example is the nullification of six decisions by the Supreme Court on election petitions. Could it be logical to convince anyone that the second court in the land is so inept; that the entirety of the appellate bench is so wreak and gets it wrong most of the time. So do we really need a Court of Appeal if we are almost sure that all its decisions will be quashed?

The Constitution provides that one can appeal to the Supreme Court “as of right in any case involving the interpretation or application of this Constitution”, and also “in any other case in which the Supreme Court, or the Court of Appeal, certifies that a matter of general public importance is involved”.

 

Even in what appeared as a new chapter in Kenya’s constitutional transition, vetting of judges in the judicial system was introduced. However, judges of the High Court and Court of Appeal have become judicial activists, making uninformed judgements that favour their own interests. The rich and powerful have their way and those in mighty offices take advantage of the slightest situations to enrich themselves at the expense of Kenyans.

Unfortunately, Chief justice Willy Mutunga who is ultimately the president of the Supreme Court will not dare come out openly and tell Kenyans why the courts are making judgements that are not consistent with very clear and specific provisions of law yet the pillar of the Judiciary is transformation.

I bring in Mutunga because it is his responsibility — well, at least it’s in his Job Description (JD) to be answerable to Kenyans.

Article 10 of the Constitution outlines the Kenyan national values and principles of governance as good governance, integrity, transparency and accountability. Therefore, all State organs, State officers, public officers and all persons are bound by these values and principles whenever any of them apply or interpret the Constitution; enact, apply or interpret any law; or make or implement public policy decisions.

But it’s not just the Judiciary that is caught up in this muddle. Many other public offices remain completely confused, ambiguous and unethical. The Independent Electoral and Boundaries Commission (IEBC) admitted  recently that there were indeed flaws in last year’s elections begging the question — who takes responsibility? Already, the electoral body has sacked several directors in unclear circumstances — no notice of termination of employment, no summons or anything to justify their dismissal.

The commissioners at the electoral body are now acting as though they are above the law.

Article 236(b) demands that a public officer shall not be dismissed, removed from office, demoted in rank or otherwise subjected to disciplinary action without due process of law.

It is worrying, but ultimately, there should be an honest system of justice administration. Our courts should be able to stand with the truth. But until then, Kenyans will continue living in misery. The elite are always conscious of their class interests and are not prepared to help bring about just and progressive reforms. For to do so is tantamount to committing class suicide.