Why morality is the precursor of justice

What you need to know:

  • Good systems of governance are not just about “righting wrongs” in courts and in the Legislature.
  • Politics must embrace morals, and, therefore, justice, to right wrongs.
  • Kenyans are after a leader who has a conscience and knows that power is exercised on behalf of the people and not against the people.

Yes, even in politics, there is a big difference between being legally right and morally right. It means that one can be legally right but morally wrong. Yet, morality is the precursor of justice. Seeking legal right without morality is a waste of energy, resources and time because the end result is always futile.

This is where we have confusion in our political set-up. There is so much effort by both Jubilee and Nasa to get their act legally right. But nothing, if at all, is given to us in terms of moral righteousness in reducing the political tension threatening our peaceful existence.

What is to be legally right? We need law and order to govern ourselves. Every society has its mechanisms for creating and sustaining its system of governance as well as the conduct of leaders.

We have a Constitution — unfortunately, the preserve of a few legal minds — that we fall back on when need arises.

ELECTION CAMPAIGNS

One lesson we can learn from this year’s election campaigns from the party nominations, the emergence of independents — oh yes, are there independents still? — to the August 8 elections and now the repeat presidential election, is that our political elite operate best within “legal frameworks”.

Just like people convicted of crimes they never committed, there is much ambiguity in the legal goings on from both Jubilee and Nasa, aiming to “right the wrongs” committed in the August 8 elections.

And, indeed, both are entitled to seek legal redress. However, good systems of governance are not just about “righting wrongs” in courts and in the Legislature.

It is not simply about getting oneself power. Politics must embrace morals, and, therefore, justice, to right wrongs.

LEGAL CORRECTNESS

Legal redress should not be merely about fulfilling the law without considering, as well, moral implications. Justice transcends legal correctness.

One reason great leaders such as Mwalimu Julius Nyerere and Nelson Mandela hold a lasting legacy in world history is because of their prioritisation of moral obligation above legal duty. For Mwalimu Nyerere, much as the Ujamaa philosophy failed, many still find his spirit of national unity and the Tanzanians’ care for one another a legacy to bequeath to future generations.

Nelson Mandela’s fight against apartheid had everything to do with his inner moral drive than just raw political ambition.

As the president, he would have easily imprisoned many of the white supremacists in South Africa who tormented the blacks for decades.

Yet, he rode on moral righteousness to call for reconciliation and understanding. He left the presidency after one term when he had a chance to rule till death.

MATURITY

Morality is a component of maturity in politics. Kenyans are not looking for legally correct persons to lead them. We want leaders who will fight corruption, nepotism, improve government services and be accountable to the citizens. Kenyans are after a leader who has a conscience and knows that power is exercised on behalf of the people and not against the people. 

Reading about political happenings in the media, one gets the impression that we lack capacity in self-governance. Let us not hide under the cover of “politics is dirty” to deny ourselves political decency.

It really does not matter what political party one supports. What is important is the collective value we derive by co-existing. This is a choice each Kenyan has to make. Party loyalty is a means to an end.

In sum, political legalism should not be allowed to supersede political morality. After all, we are largely a God-fearing people. Let us not a shame our God.

Dr Mokua is the executive director, Jesuit Hakimani Centre, [email protected]