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George Orwell on the Equality of the law

Law is equal for all is an old principle that is just a myth. Such phrases such as EQUAL JUSTICE under the law are engraved in front of the Supreme Courts in various States including the United States of America. In Kenya all people are subject to the same laws (as expressed in the due process and the rule of law). But the question is, is the law really equal for all? There is a writing that says: Can I get away with my crime when I am rich? In Kenya, the answer is Yes. No wonder every Kenyan, poor or rich, fat or thin, dark or light will die to be rich. This is the basis of grand corruption in Kenya. Even most young Kenyans have lost confidence in the premise that all are equal before the law in Kenya. The law is only meant for the weak, the poor, the frail and especially those with no political god fathers in power. In Kenya one is to think twice when you are poor and found to break the law…! Now who will uphold integrity? Who will reject any source of quick wealth even if it means through corrupt ways? This blog story is ready to put into social media debate how Kenya has perfected the game of corruption.
One English popular writer by the name George Orwell wrote a book entitled “The Animals’ Kingdom”. At some point the animals said, all brothers are equal but others are more equal than others. The book which has been translated in several languages and has been read by many people is a depiction of corruption in Kenya. The Anti-Graft bodies cannot dare certain personalities or ethnic groups or individuals in politics. The EACC and the Judiciary have their hands tied.
Every lawyer knows that “All are equal before the law” is also part and parcel of key human rights principles. Due process and fair trial are two human rights principles that many parts of the developed world have embraced. In Kenya this is just a myth. The law and its design does not contemplate the ethical aspect of the law. It is only concerned with procedures but not bribe of a judge. Even if the integrity and leadership have been entrenched in the constitution, still the law cannot do much to prove equality of people before it. Judges have proved that the law cannot bring them to accountability since they are its interpreters. Legislators have also proved that the law cannot impose on them some obligations because they are the makers and un-makers of the law. The Executive is also saying, but we are the enforcers and budget designers and those who implement it. The law cannot have any impact on the Executive. This is the silliness of the law if you want to know something about it.
Law and power go hand in hand. Power is not only about leadership but your socio-economic status. The power is now seen in terms of those who have wealth as opposed to those who are wise. Every person will seek wealth first then power. With economic power you can get away with your crime in Kenya today. The law does not prove to be equal when the powerful, the rich, the incredible go against it.
Fight against corruption in Kenya may not be a reality as so long as we believe in the philosophy of George Orwell that some are more equal than others in the “animal’s kingdom”. The fight is only a good dream to blackmail investors and global governance. Leadership, political good will, commitment, ubuntu and good sense are all needed in order to do away with corruption in Kenya.
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About Peter Onyango

Dr. Peter Onyango O. is one of our main contributors. He is a senior law lecturer, a writer, a consultant, peace ambassador, and a researcher. He assists so many professionals, legal minds, and debaters with his skills and scholarly wealth! He supports children and village community as a way of giving back to community. He edits, proof reads, and publishes various articles for our page!

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