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An abduction took place recently. Then, persons with cases in court were told nothing would come of it. Options to leave were pointed out.
Such actions can only take place where there is no Constitution nor any belief in the Rule of Law. Yet they took place here, pursuant to orders given by persons in power.
Too often now, two types of governance are taking place, proceeding often in tandem. The first is, the claim made by those in power that they are always acting according to the Constitution and the Rule of Law. This is called Constitutionalism.
The second is, abduction, pulling people out of their houses and beating them up, gratuitous police brutality, breaking up peaceful demonstrations, ignoring orders of the very courts they rely on for being in power, threatening Executive interference with the Judiciary. These are also taking place.
This is called Contra-Constitutionalism. Contra-constitutionalism is acting systematically against the provisions of an existing constitution while it is still in force.
There is however a third category of events, governance by vengeance against an individual. Examples are abduction of a businessman, insults to dignity of our First Lady, hints about expulsion of citizens, fake gun regulations' inquiries, getting Uganda to stop imports of Kenyan milk, and breaking up a major factory. It is neither constitutionalism nor contra-constitutionalism. It is plain lawlessness.
It is not a form of government. It is an addiction. These steps are not emerging from a policy. It is not, and cannot be, a constitutional policy, nor a cabinet policy, nor a national policy. It is the remnant of one-man rule. It is diverting Kenya from its real tasks. And halting economic progress. This is because these vengeance-based decisions are doing the following harm to Kenya:
This is why these gross acts of vengeance which may gratify a few individuals in power, are dangers to our nation. We therefore always remember that the Constitution is the manifesto of our nation, even though these actions show that, instead of our Constitution, vengeance against one person is the manifesto of the persons in power.
-The writer is senior counsel