Home / Politics / Questioning the role of presidency in the justice system

Questioning the role of presidency in the justice system

HOW WILL THE JUDICIARY ENTERTAIN THIS?
That was a court error. I can’t pay, I won’t pay.” This was President Uhuru Kenyatta’s candid message to the striking teachers when he addressed journalists yesterday at State House, Nairobi.
Read more at: http://www.a.standardmedia.co.ke/
With the remarks from the Head of State and Government it is now clear that the country is facing constitutional crisis. Court contempt by the government is equal to gross violation of the constitution and misconduct. Saying that court made an error in its ruling is not illegal. But what is right is to appeal. The Constitution states clearly that all disputes must be challenged in court. With the stand from the First Citizen, the President, and the first to show respect for the law and implementer of the rule of law, it is now visible that Kenya is faced with constitutional crisis. Since the promulgation of the new law and order, the Executive, the Judiciary and the Legislature have been facing critical power crisis.
This is a serious discussion and I would like us to handle it with sorberness and clear mind. What President Uhuru is saying to teachers is that your profession is not honoured by the Executive. The court made an error and we are not under any obligation to pay you what you do not deserve. The question I am asking, is there any meaning in teaching profession in Kenya? Does a teacher mean anything in this country? Imagine a student following the statement fromt he President, will that child honour the teachers? This is a real legal tragedy of tall order.
Does education in Kenya mean anything much? The Head of State is the first citizen to honour and uphold the fundamental law of the land.
Should teachers now decide to gather more momentum from other members of workers through the Central Organization of the Trade Unions what will happen to the economy? In this country teachers have been told to wait because funds were shifted to fighting al-Shabaab in Somalia, now that this fight is handled by AMISOM, which excuse does the executive have to give to teachers? It is not strange to tell teachers off. Teachers are not as harmful as the military. Another hypothetical possibility is to show case of constitutional crisis. The provisions of the constitution cannot be implemented fully including the Bill of Rights that all Kenyans celebrated 5 years down the line. It is not about teachers but about constitutional powers. The Judiciary may not be amused by this public statement from the top Executive. The statement released to the media seals the deal. It means there is no window for dialogue anymore. Teachers can now have the chalk without the cheque.
However, means to achieve justice are unlimited. Teachers can now use this decision to advance their struggle for teachers rights. At the same time, the Judiciary can now act on Court Contempt against the Executive. Parliament or the Legislative body can now reconvene and deliberate urgently on the crisis. Another, and the last possibility, Kenyans can now take offense for the violations against the constitution – and the national referundum can be the last option to solve the impasse in the education sector.
As any other blog story, this is meant to create debates. React and share your views if you wish to.
Read us, like us, follow us, be the first to comment on this story. Share it to others.

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!

Leave a Reply

Your email address will not be published. Required fields are marked *