Since the rule of law guarantees good governance and facilitates the establishment of a democratic society with a sound economy, many Kenyans would want the next president to be a stickler for law and constitutional order. S/he should be a perfectionist and a hard taskmaster who would restore the rule of law, and end systemic corruption.
The president should also have a strong vision for the country’s future, deep knowledge of and interest in building a strong economy and uniting Kenyans
According to United Nations and the Rule of Law 2020 report, the rule of law is a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards.
The report emphasises that the rule of law is fundamental to peace and security, and political stability; to achieve economic and social progress and development; and to protect people’s rights and fundamental freedoms. It is foundational to people’s access to public services, curbing corruption, restraining the abuse of power, and to establishing the social contract between people and the State.
Therefore, advancement of the rule of law is essential for sustained and inclusive economic growth, sustainable development, the eradication of poverty and hunger, and the full realisation of all human rights and fundamental freedoms, including the right to development, all of which in turn reinforce the rule of law.
The living examples are the Asian Tigers which, after decades of political and economic turmoil, embraced the rule of law which acted as the gateway to good governance, economic advancement and social revolution.
Kenya, which at one time was at the same socio-economic level with the Asian Tigers, has continued to lag behind largely due to failure to embrace the rule of law in its entirety. This has led to high corruption levels, abuse of court processes by State officers, election malpractices, violation of the Constitution and looting of public resources by government officials.
In the Corruption Perception Index (CPI) 2020 Kenya was ranked 124 out of 180 countries for corruption. The CPI report remotely suggests that the next president should be visionary, strong in character and integrity, and respects the rule of law. S/he should prioritise restoration of rule of law – and stop endemic corruption.
Uhuru Kenyatta will go down in history as the president under whose watch Kenya lost billions of public funds. As the president with an unquenchable thirst for loans, most of which end up in corruption, his regime has fallen short of expectations. Since taking power in 2013, Kenya has been converted into a bandit economy – swept by endless corruption scandals touching almost every sector of the economy.
In the absence of rule of law, cartels have seen loopholes in Jubilee Administration to swindle public funds. Corrupt government officials enjoy “security of tenure” with connections that make them “untouchable”.
Mr Sossion is a member of parliamentary committees on Education and Labour
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