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The greatness of a nation is based on the obedience of law

Good laws shall make a good nation while bad laws shall only degenerate bad nation. It common to hear some public debaters pointing fingers at the nation without blaming the system. Kenyans are just the same to other citizens elsewhere and they should not be judged harshly by history. If others are selfish even Kenyans are selfish. If others are brutal Kenyans are also brutal. If it is true that human beings have drives of being wicked and Kenyans are human beings, then Kenyans are also wicked.

What keeps every society running and keeping together is nothing other than its legal system. Max Weber, a German sociologist and the father of the sociology of law has attestested this in his ideal type that elevates the bureaucracy by purporting that there must be a rational legal system in place. Members of a given social set-up must adhere to a functional bureaucratic system. He went further to explain that there must be a proper system that includes the division of labour, a chain of command, a system of law, meritocracy, and qualification. He did not dismiss democracy and he reiterated that a solid society must adhere to its rules and principles of democracy.

If there is something wrong with Kenya then it has to be on the principles of bureaucracy. The constitution, statutes and the administrative law must all be adhered to. Citizens must honour their laws. It would not make any sense if people start bulldozing the legal system by antagonizing the institutions for their political and selfish interests. Why hurl abuses at the Supreme Court judges when their ruling does not favour you? Why praise them when their ruling favours you? Why threaten the institutions? Why threaten judges who have resolved not to accept bribes? Where are we heading to? What then do we mean by the rule of law and constitutionalism? Do we still claim that leaders respect the rule of law? Why use the law to frustrate the opposition parties and punish your political opponents? Why micromanage the independent institutions and even use threats? Why shoot the innocent citizens and injure them in order to create fear?

If a leader is loved by the people, then there is no need for frightening the citizens or using armed forces to circumvent their decisions. What is now happening in the Republic of Kenya must be addressed by all leaders from all walks of life. There must be national healing and dialogue and to reinstate democracy. From 2007 Kenyans have not had free, fair and credible elections. Some mighty persons have exploited the system in their favour to have someone they like to be in power. The writings are on the wall and no Kenyan can assume that Kenya is already a divided nation.

It is not the use of bullet that shall make Kenya a democratic nation but rather the use of the ballot. Allow the people to decide and honour their decisions fully. Inciting the the police officers to shoot peaceful and unarmed demonstrators is a tyranny. As a peace long nation, Kenyans just need their democracy. In many civilized nations citizens are allowed to demonstrate and form associations. Why de-register NGOs and threaten their leaders? What are we afraid of if there is no sinister motive?

Democracy is not about the numbers but about the people. It is the rule of the people, by the people and for the people. This has nothing to with numbers. The minority has its say and the majority has its way is a bad precedent for Kenya. How about the rights of the minority ethnic groups in Kenya? Does it mean that no Dorobo or El-Molo can ascend to power? Where is the rationality in this? To make matters worse is manipulation of the votes. Why doctor the numbers and use fake ballot papers? Why fail to open the servers? What are we hiding then? How can the IEBC walk with its head tall after messing up the whole elections? Billions of tax payers money have been squandered by the commission. Lawyers reap fortunes in this electoral corruption and the nation is wounded.

We cannot sit and watch this nation decaying for the last two decades. The judiciary is now hollowed to threats and brutalities. Use of force against political rivals is violent and should be stopped. The government must also send apology for those lives that were lost. Why kill innocent children and women who have nothing to do with power? There is need for electoral justice and leaders must obey the law.

Parliament has ceased to serve the people and has become a tool for the executive. The ruling party passes Bills that do not meet the threshold of good laws. This should be stopped. There is politics in every administrative institution. This must as well be stopped. The ruling party should not be allowed to use the security forces to deal with the opposition leaders. Why is this use of force? Why don’t we respect the rule of law and human rights? Who should be held accountable for those who have been shot by police?

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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