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The Constitution or The Government suffering.

By: Glen Don

Why High Court verdict on CASs post not a threat to the Government but it is so to the constitution
This is not the first time a Kenyan Court has disallowed the Chief Administrative Secretary's post (CAS).
The nullification began with the previous regime, that was led by Hon Uhuru Kenyatta as the president then.

The post was created with no public participation done, making it unconstitutional.

When Dr. Ruto assumed the presidency role in what was alleged as gifting the allies, he appointed 50 people to act as CASs in various Cabinets. William Ruto did nothing strange but continued with what was started off by his predecessor.
This year, June, the High Court ruled against the appointment of the Chief Administrative Secretaries to various Cabinets. 
In Kenya there are 22 Cabinet Secretaries but being that the number of people appointed to be CAS exceeded the number of cabinets by half, and this is one of the reasons why the CAS was invalidated by court. The three judge bench argued that the 22 would be logical and 23 remaining would not as 22 would deputise the Cabinet Secretaries.
Mr. Uhuru Kenyatta, today is free and whether he's still enjoying the immunity or remains rhetoric. 
It is under his Governance he first appointed the Chief Administrative Secretaries that was later invalidated by the judiciary as the initiative lacked constitutional back up.
The former President gave a dead ear to the judiciary and continued to work with the CASs he appointed, he never reviewed the ruling and apply the recommendations that were given by the judges then.
If the current government was strict about the justice administration, then such matters would have been given a follow up and such thing couldn't have come to repetition. 
Moreover, to what may astonish many and may be facetious, is that the those in the e current government almost all of them served in the previous Government and now nothing is new in the forest. The rule of the game is known and chess is a game of mind as compared to golf as a game of accuracy.
This year's High Court verdict on the same matter that was bone of contention may or is not a huge blow to the ruling Government.
These are the same people, the constitution that was not snubbed is still the same of 2010.
The Government have the legal advisor, but is the advisor really performing the duty as per the law.The Judiciary is just weak with the current government, 
The Judiciary is mandated to interpret the laws, and maintain the rule of law, but this is just theory. The powers of Judiciary if downtrodden, then the Constitution too is also collapsing, democracy is fading and freedom is being infringed.
The fate of Chief Administrative Secretaries therefore is not a threat to the Government, in addition to this, the Government have gone to appellate court to avert the High Court's ruling.

When everything done is still under the watch of the judiciary, uphold the rule of law and make the legal matters overt to the citizens a lot still lie in covert. The judiciary usually use Constitution as a reference or guidance. The advocates stand guided by the constitution and with constitution the country is morally guided.
When some parts of the constitution become non issue and disregarded then the issue of democracy comes in.
Without constitution, anarchy may rise, dictatorship is deemed to pop in.
The Constitution 2010 was promulgated on August 2010. The experts who designed it had good will to the country. It may be sad when now the same constitution that has not taken even two decades is being sent to abyss. 
Even though, the CAS post is a litmus test to the power and pangs of the constitution, we urge leaders in the Government not to consider doing away with constitution.

The reason why constitution is at risk is that it may be bent (maybe) in the near future to suit interest of few or some individuals. 
If it was good, the public participation that was to be done would have been done such that Wanjiku to have a say, maybe today we couldn't have talked about it.
If the judiciary is not being given an ear, then it means that the constitution is elliptically wrong but _they_ fear to say it plainly.
Are we in the aura of "we shall revisit" or ..."mkakasi ndani kipande cha mti.? Burning the constitution is as good as sending democracy to death knell.
Defending constitution is our duty and we must stand to defend it. It is duty of a Kenyan like you and me. Let us not block the way to miss the will because remember where there's a way, there is a will.
#DefendConstitution
#Standup
#RuleofLaw

@EAGLE'S EYE

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