Skip to main content

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

Comments

Post a Comment

Popular posts from this blog

Church as the conduit in political Arena

Churches Again! Kenyan politicians should desist from attending churches as a way of getting masses, let each one organize mass on his or her own.  While doing politics, leaders usually prefer weekends and majorly on Sundays in order to get masses and sell their aspirations to the congregants.  In 2022, Dr. Canon Ida Odinga , was bashed when she breached an idea about church regulation when the current government during their hay days in their opposition intensed their campaigns in churches as the congregants were the target voters. Luckily, church was the conduit for the majority of present political leaders to assume the seats. The trend still continues when churches are still being used as the platform for political campaigns.  The Office of the Attorney General through its boss Dorcas Oduor , has revealed that they receive about 60 registration requests for churches. In Rwanda , some of the churches were shut down on the basis of their doctrin...
1 comment
Read more

Trained to lie: Time to take them out

A greater percentage of Kenya's population lives a hard life in the country while the remaining live a lavish life. "Hard living" is a song by Wailing Souls but among those in the streets of Kibra in Nairobi, Obunga in Kisumu, and Old Town in Mombasa, among other slums, it is an epitome of their livelihood. It is this reality, that those in the top ladder are satirizing. The remarks by Treasury Cabinet Secretary, Honourable John Mbadi on the majority of Kenyans consuming soda signifying the reduction in the high cost of living is unpalatable and apathetic.   Politicians in their cadres assume citizens subscribe to their ideologies only to later realize that the majority of Kenyans are awake.  The same speed and agility they have while speaking only makes Kenyan image to degenerate lest other countries alter their perception of what is Kenya. <script src="https://pl31036930.profitableratecpmnetwork.com/42/fb/6e/42fb6edaece576db30b03763452f3344.js...
Post a Comment
Read more

SINGAPORE AND KENYA: DAY AND NIGHT

Kenya got its independence 1963 from the British colony, while Singapore got it two years in the month of August 9, 1965 from Malaysia after they had intense political differences which resulted to racial riots. Standing on the mirror line reflecting on the two countries between Kenya and Singapore, Kenya is extremely behind Singapore in terms of development.  Singapore hastily rose from third world country to first world country while Kenya still maintained the third world class.  Recently, Kenya's President Dr. William Ruto, is full of comparison statements: between Kenya and Singapore. Surprisingly, the phrase of boosting Kenya's world class has taken a beautiful twist where every politician is dreaming of Kenya to be futuristically the same level as Singapore. Pausing a bit, what's a dream? pondering on this; a dream literally means imaginary events while sleeping.  Our politicians are forgetting the dogmatic saying that goes 'action speaks louder than...
Post a Comment
Read more