It’s possible to temper public good with primacy of the law

Newly sworn-in Judge of the Court of Appeal Justice Amraphael Mbogholi Msagha takes his oath of office at a swearing-in ceremony held at State House, Nairobi on June 04, 2021. [PSCU, Standard]

In the midst of palpable anger against President Uhuru Kenyatta’s Madaraka Day speech targeting the Judiciary, including from latter day converts into constitutionalism, the essence of some issues the president raised, has unfortunately been lost.

Yet, these issues call for introspection as we nurture our young democracy. While the Executive is routinely under fire for flouting the constitution, most critically through its regular disdain for court orders, censure of the Judiciary is always perceived as a threat to its independence. Like all public institutions however, the Judiciary must be open to criticism.