In the ensuing exchange between ICC indictee President Uhuru Kenyatta and Human Rights activist Ndungu Wainaina regarding the latter’s secret suit at the high court of Kenya that allegedly seeks to compel Safaricom/Airtel to release crucial information, the former in his latest response has offered to highlight basics of rule law -for beginners, here is Ndungu’s response to Uhuru’s reaction to ICPC’s threat to petition the high court.
Ndungu Wainaina SAYS:>
Let me make this clear: The rule of law is the underlying framework of rules and rights that make prosperous and fair society possible. The rule of law is a system in which no one, including President and government officials, is above the law; where laws protect fundamental rights; and where justice is accessible to all.
Rule of law is underpinned by the following principles (which we must evaluate State House against):
1. The government and its officials and agents as well as individuals and private entities are accountable under the law.
2. The laws are clear, publicized, stable and just, are applied evenly, and protect fundamental rights, including the security of persons and property.
3. The process by which the laws are enacted, administered and enforced is accessible, fair and efficient.
4. Justice is delivered timely by competent, ethical, and independent representatives and neutrals who are of sufficient number, have adequate resources, and reflect the makeup of the communities they serve.