Rule of law will ensure success of policies

Today, constitutionalism has become as important an issue as that of good governance.

In ordinary parlance, constitutionalism may be defined as a ‘belief in constitutional government.’ But what does constitutional government refer to? 

Allow me to take you back to the books of records.

A good constitution is the greatest blessing that a socie­ty can enjoy, so said James Wilson in Philadelphia on July 4, 1788.

Wilson also emphasised the duties and rights of citizens. The success of the USA as a political structure has been the consequence of the voluntary participation of citizens in public affairs.

How can constitutionalism impact our economy?

Chapter Four of the Constitution — The Bill of Rights — talks about our economic and social rights.

The big question is, at this time when our country’s economy is suffering, will the government fulfil its mandate?

Recently, the Central Bank of Kenya announced that they projected a better performance for the country’s economy due to the peaceful change in leadership.

At the moment, the economy is going through lean times. Forex reserves have shrunk as food and fuel prices rise, the shilling depreciates, credit to the private sector falls, and we are saddled with debts that stand at $70 billion.

Policy agenda

President William Ruto's ‘Bottom Up’ economic model is geared towards bringing down the cost of living, eradicating hunger, creating jobs and expanding the tax base.

To achieve this, the Executive must get it right on its policy agenda for economic recovery and appoint the right state officers.

Secondly, the legislators must ensure that people serving in the independent commissions and executive appointees are properly vetted.

Lastly, in developing countries, corruption is seen as a major contributory factor to the failure to attain economic development.

Kenya is perceived to be very corrupt. Allegations of corrupt dealings, particularly in land purchases and large government contracts persist.

Other governance issues include government inefficiency and weak regulatory and judicial systems.

Corruption poses a major threat to sustainable development manifested in inequality, poverty, loss of revenue, and poor human capital.

Over the years the adjudication of corruption and economic crime cases in the country have been very slow.

Survey shows that on average one corruption case may take up to three years for a final ruling to be made.

Therefore it will be the role of the Judiciary to ensure that they develop a proper case management system.

There is also a need for the judges to familiarise themselves with bond and sentence policies, as most bond terms or sentences issued have not been commensurate with the offence committed.

Bernard Opondo Onyach, Nairobi