Are some more equal than others in the eyes of the law?

By John O. Ndar

It is quite curious that Attorney General Githu Muigai and Justice Minister Eugene Wamalwa have both rushed to court with just one aim: To force the courts to reinterpret the law with a view to accommodate the ambitions of two leading presidential candidates who are also key protagonists in the raging ICC debate.

This strange posture taken by two of the country’s top legal technocrats bespeaks volumes about the Kenya’s actual commitment to the rule of law and respect to international treaties, including the Rome Statute to which it is a signatory.

One question that seems to disturb many Kenyans is this: Must the two gentlemen vie for top office at all costs irrespective of what the law says about moral and integrity issues. Why is the state behaving as if there is no tomorrow when it comes to raw personal ambitions of two prominent citizens?

Press reports indicate that Mr Muigai and Mr Wamalwa have requested the courts to issue a directive that will, in effect, put a clear distinction between the moral requirements the law demands on elected and appointed state officers. By implication, the threshold for elected officers is set to be lowered in comparison to that of public appointees.

The general thrust of all this is that Kenya will have two sets of laws: One meant for either category of public officials. The unfortunate factor is that elected officials will be allowed to get away with much that a state officer will be required to answer for. In this case, who really ought to set the standard? Is it the senior or junior officer in government?

Even more baffling is that the bureaucrats now espousing such a lopsided reading of the law are themselves distinguished and acclaimed legal professionals. Even though they may have taken such s step in the belief that they have a responsibility to protect citizen rights, it seems morally wrong to go to court with the intent to subvert the course of an impartial and uniform application of law to all Kenyans regardless of class or political pedigree.

In retrospect, it appears that the moral desire for justice for all, including the thousands of maimed and killed post election violence victims, is not a priority of this government.

This is the plea from Kenyans: Let us desist from creating two sets of laws: one for the rich and famous and another for the poor and the down-trodden. This would only serve to divide a population that is already considerably polarised by many unresolved social and economic factors.

John O. Ndar is a Kenyan residing in Ikerege. Email: [e-mail]