rules and not the might of force. It provides a framework for orderly and
objective relationships between citizens in a country. In the Kenyan
context, this is underpinned by the Constitution.
[395] And as Soli J Sorabjee, a former Attorney General of India once
wrote, the rule of law “is the heritage of all mankind” and “a salutary
reminder that ‘wherever law ends, tyranny begins”.122 Cast the rule of law
to the dogs, Lutisone Salevao once observed “and government becomes a
euphemistic government of men…” He adds: “History has shown (sadly, I
might add) that even the best rulers have fallen prey to the cruel desires of
naked power, and that reliance on the goodwill of politicians is often a
risky act of good faith.”123 The moment we ignore our Constitution the
Kenyans fought for decades, we lose it.
[396] We further note that elections world over are competitive
‘features.’124 Presidents in many parts of the world, and especially in Africa,
wield a lot of power.125 ‘The influence that comes with the office makes its
very attractive.’ 126 That influence cascades down through all elective
positions to the lowest. Candidates and political parties often do anything
to be elected. Besides the candidates, the electorate themselves, hoping for
Soli J Sorabjee, Rule of Law A Moral Imperative for South Asia and the World, Soli Sorabjee Lecture ,
Brandeis
UniversityMassachusetts,14thApril
2010
at
page
2.
Available
at
http://www.brandeis.edu/programs/southasianstudies/pdfs/rule_of_law_full_text.pdf.
123 [Lutisone Salevao, Rule of Law, Legitimate Governance and Development in the Pacific, (ANU Press,
2005)], Page 2.
124 Independent Review Commission Report on the General Elections held in Kenya on December 2007
Chapter III, (Kriegler Report) at 32.
125 Edwin Odhiambo Abuya ‘Can African States Conduct Free and Fair Elections?’, Vol. 8 Issued (Spring
2010) Northwestern Journal of International Human Rights, p.123.
126 Ibid.
122
Presidential
Petition
No.
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of
2017
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