The rule of law?

The new traffic laws have caused all sorts of problems in our wonder-full nation of Kenya. There was an outcry that was basically led by the public service. This led to a walking nation that has been one of the many ways I have lost weight these last couple of months. The people of Kenya supported the bill and called the matatu operators, “Selfish” and all sorts of other unkind words that were probably deserved.

This article isn’t about the matatu operators or the traffic bill. It’s about something else related to it, I suppose. Why do people not follow the law? Right next to a ‘Do Not Dump Here’ sign is a huge heap of garbage. ‘Keep off the grass’ and ‘This is Not a stage’ receive the same apathetic attitude. Why should there be punitive measures put in place to keep people from doing things that commonsense dictates are an avenue to disaster or just plain indecent?

What is the rule of law? According to wikipedia, it’s a legal maxim whereby governmental decisions are made by applying known legal principles. To be honest, Kenya is a legalistic nation. With the new constitution comes a whole lot of great things. However, the approach taken in protecting the liberties given in this new constitution are legal. Everyone is quoting the constitution. We are fixing our problems with the law. The law isn’t bad in itself and is a necessary part of a democracy. The problem comes in when we begin to use the law to  tackle issues that are really a value system issue.

In my opinion, the rule of law doesn’t work in Kenya because the law in essence, doesn’t rule. We quote the law and swear to have its full force beat down the doors of those who don’t follow it, but that’s pretty much it. The law doesn’t rule but personalities do. People steal, murder and get away with it. Commissions are set up to soothe the public psyche, reports written and put away to gather dust in a shelf somewhere. Justice is hardly seen to be done. Small fish are fried as the sharks are let go. Why are we then surprised when the citizenry becomes disillusioned and doesn’t take the law seriously? That people follow laws because they want to avoid the punishment rather than because they see the sense of the law, is worrying. So how do we begin to deal with the lawbreaking culture? By creating more laws?

Are you one of those that would cheer the matatu driver on as he overlapped or worse still, scold him when he actually obeyed traffic laws? Are you one of those that bribe the traffic police to let you go? Are you one of those that take out the competition by frustrating them through corrupt deals and intimidation? Are you one of those who sees no wrong in lining your pockets with money meant for the sick and hungry? Or worse still, are you one of those that keeps silent as this goes on?

How do we as a nation begin to move forward? There’s a lot of work to be done but I believe it is doable. We as a nation do have a great value system. We just haven’t been given the environment to practise those values. However, with the forward-looking constitution we now have,  we have an opportunity to change direction. When we decide we’ve had enough with the ‘easy’ way out that ultimately leads to disaster, we’ll begin to see some changes. The law will only rule when we allow it to.