According to Dr. Justice Srem Sai, a law lecturer at the University of Ghana School of Law, Kenya is once again instructing President Nana Akufo-Addo in a fundamental aspect of governance – the correct procedure for vetoing a bill, a crucial check on executive power.
Dr. Srem Sai observed that President William Ruto of Kenya had the opportunity to challenge the quorum and other internal parliamentary procedures surrounding the bill’s passage, much like President Akufo-Addo did, but chose not to, instead opting for a more statesmanlike approach by vetoing the bill on its merits.
“He could have, nicodemusly, caused a writ to be issued in the Supreme Court, got an injunction, and ‘waited’ forever for the Court’s opinion on the validity of the bill. He could have taken to his heels to evade service of the bill from Parliament altogether; and, on top of that, caused his Attorney-General to write a long letter to threaten Parliament to desist from further service attempts”.
Dr. Justice Srem Sai
Furthermore, Dr. Srem Sai pointed out that President William Ruto acted in accordance with the Kenyan Constitution by accepting the bill’s service, and explicitly declining to assent to it, thereby upholding the rule of law and demonstrating a commitment to constitutional governance.
Dr. Srem Sai also highlighted that President William Ruto further demonstrated his commitment to the rule of law by specifically citing the clauses he objected to, namely, all the clauses in the bill, thereby providing a clear and transparent rationale for his decision to refuse assent.
According to Dr. Srem Sai, President William Ruto also provided a clear rationale for his objection, citing the widespread disapproval and dissatisfaction expressed by the Kenyan public, thereby demonstrating a responsiveness to the concerns of his constituents.
Dr. Srem Sai further noted that President William Ruto adhered to the constitutionally mandated timelines in exercising his veto power, completing the process within the stipulated timeframe, and thereby demonstrating his commitment to respecting the constitutional framework.
“Simple. No writs. No legal arguments on TV or radio. No name-calling. Three pages – one, two, three pages. See, it is not always the Constitution o. Sometimes, it is the human being who operates the Constitution”.
Dr. Justice Srem Sai
Dr. Srem Sai emphasized that the practice of democracy can be more harmonious and less tumultuous when leaders adhere to established constitutional guidelines and rules, promoting a culture of respect for the rule of law and fostering a more stable and peaceful political landscape.
Kenya’s Crisis, A Cautionary Tale For Africa
Meanwhile, Lawyer Xavier Francis Sosu, the Member of Parliament for Madina, observed that the ongoing developments in Kenya serve as a poignant example of how the fundamental bond of trust between leaders and their constituents can be eroded.
He highlighted the importance of leadership integrity and accountability in maintaining the faith and confidence of the people.
“For Africa, the implementation of economic policies and programs, including the introduction of tax policies, must be undertaken with similar urgency as the provision of adequate social services and welfare initiatives. This balance must always exist if we are to attain a free, fair, and just society for all”.
Lawyer Xavier Francis Sosu
The MP condemned the use of live ammunition against protesters in Kenya, deeming it a grave violation of the citizens’ fundamental rights and a blatant breach of Kenya’s 2010 Constitution, as well as international human rights instruments such as the International Covenant on Civil and Political Rights (ICCPR) and the African Charter on Human and People’s Rights (ACHR).
This egregious act, he emphasized, undermines the rule of law and Kenya’s commitment to upholding human rights and dignity.
As such, he called on the Government of Kenya and the country’s security forces to ensure the protection of protesters’ rights, respecting their freedom of assembly and expression, and refraining from any acts of violence or intimidation that could infringe on these fundamental rights.
“Such situations and periods call for calm heads to guarantee peace and stability”. – Lawyer Xavier Francis Sosu
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