Implement the supreme law in its entirety

The technical term for a person who observes the law 99 per cent of the time is “a criminal”. The law only works is such a way that it is always the specific isolated infringement, and never the generally frequent compliance, that is emphasised, focused upon and punished.

A mother who carries a baby to term, then lovingly feeds and takes exemplary care of the child for 990 days only to starve the infant for a mere 10 days will wind up in jail for criminal child neglect — despite that she was previously perfect.

“I have complied with all other laws except this one” is not an excuse for breaking even a minor law. This peculiarity can be confounding; in ordinary circumstances, getting something even 80 per cent correct is considered commendable. The law, however, commands 100 per cent compliance with appropriate punishment for any deviation.

As Kenyans observe rather than celebrate 10 years of the current Constitution, there are those with notions disguised as thought that the supreme law is optional in the harder-to-implement areas.

The Fifth Schedule expressly provides that all laws necessary to give effect to its letter and spirit must be passed within five years. We are past that deadline.

A lot of work has been done by relevant agencies and many laws relevant to bringing our Constitution into effect have been passed by Parliament but it is below par. There is no minor part of the Constitution. It must, by consistent commitment and determination, be implemented in its entirety.

Insolence and arrogance

Some signs of insolence and aloof arrogance at the apex are grim. For instance, despite Article 166 compelling the President to appoint judges recommended by the Judicial Service Commission, 41 such judicial officers continue to be unlawfully hindered from discharging their duties.

Apparently, Article 166 has been deemed optional. This compares to an IEBC head refusing to declare the results of an election because he is the boss.

The annexation of Nairobi City County by the Executive is another instance of utter constitutional contempt.

Article 176, which defines a “county government”, is craftily ignored. The Executive has largely disregarded the two-thirds gender rule; hence, the current Legislature, a key arm of government, is unconstitutional because Article 81 provides “Not more than two-thirds of the members of elective public bodies shall be of the same gender”.

Upholding the Constitution is like safely flying an aeroplane. Aircraft crash investigations reports prove that a relatively slight lapse by the pilot can be just as tragic as a major mistake.

Within the aeroplane called Kenya is a very sensitive critical component called the Constitution, critical in maintaining proper direction and in keeping the craft in the air. It must be operated strictly according to the manual lest it dangerously drift from the intended direction and destination.

Ms Shollei is the Woman Representative for Uasin Gishu. [email protected].