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Law Never Is But It is Just About To Be…Reflect

As we believe and insist on the rule of law, constitutionalism and human rights, we keep on questioning what is the law? It is correct that most nations today have constitutions and just a few of them adhere to such constitutions. We admit that most nations have law making systems such as effective Parliaments, but we keep on wondering the quality of the laws enacted by such legislatures. We agree that most states believe and uphold the work of the judiciary, that is, the court system. But many nations still believe in the judicial institutions in a 50-50 basis. Many believe that going to court they will really get justice, but after the conclusion of a case, they wonder, what is justice all about? One Justice Benjamin Nathan Cardozo, an American jurist par excellence said, law never is, but is always about to be… In his wisdom, law and its works will never satisfy us. In Kenya, the Council for Legal Education is empowered to accredit institutions that are licenced to teach law. The same body is authorised to audit and inspect law teaching institutions in Kenya. At the same time, the same institution is meant to promote, encourage and improve legal education with aim to achieve the best quality in legal profession. Law is a very competitive profession. The Council is meant not only to assert its authority over institutions applying for full accreditation but also to engage in promoting their work. Of late, Kenyan university students have developed strong appetite towards legal profession. By closing down law teaching institutions and suspending some is a wrong signal. It limits the choice of students and at the same time discourages those who are endeavouring to make legal scholarship real in Kenya. The authority has closed Moi University from offering law programme. Jaramogi Oginga Odinga has not been successful in its quest to offer the course in the Western and Nyanza regions. Only Kisii University has been fully accredited but may not have the capacity to accommodate the number of students applying for law programme. The first class University of Nairobi whose reputation in academic excellence has only been successful for one campus, that is Parklands in Nairobi. Mombasa and Kisumu have not been successful as campuses offering law programme. With this move, Western, Rift-Valley and Nyanza will have to rely on private universities found mostly in Nairobi should they intend to take the programme.
The attempt to improve service delivery and make Kenya a Medium Class Country by the year 2030 may be thwarted by jingoism and squabbles in the system. It is not yet clear as how to improve the sector of justice and how better institutions should promote and enhance learning. Cardozo was very right … the law never is, but is always about to be…there is light at the end of the tunnel.
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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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