Many people cry of injustice yet they show contempt for the institutions mandated with the task of delivering justice. Justice doesn’t favour one side rather it serves all the sides. Every citizen have to respect the law. Most people would cry impunity when the rich and powerful are unpunished, when they break the law or disrespect court orders. Yet the same people would turn a blind eye when ordinary citizens breaks the law. This is because impunity has for long been associated with the rich and powerful. Yet from my understanding, impunity is when someone is unpunished for breaking the law. Anyone who breaks the law has to face its consequence, not matter their background or reasons. With the ongoing workers’ strikes we can observe a worrying trend. The union officials have clearly ignored court orders. First it was the union representing doctors which has resulted in them having a suspended sentence and then the lecturers and university workers. I am not here to condemn their stance for better pay. Instead I am advocating for them to follow the court order. They could argued that the courts is being used against them. Which brings us to ask ourselves several questions, what if the court had ruled in their favour? Would they ignore that order too? Do we follow the law because it favours us? The law is meant to keep us in check and not favour us. Good citizens will always follows the law and have respect for the institutions mandated to discharge and protect the law.
I urge the unions’ officials to seek alternatives way to resolve this stalemate with the government. There are many ways to kill a rat. Going on a strike should not be the only way. They need to come up with better ways that would not results in disruption of services to innocent Kenyans. One of the alternatives is the use of the courts. The teachers had to use the courts and it worked to their favour time and time again. I cannot see anything wrong if they would follow the same route. The union leaders and the government could transfer their battleground from the streets to the courtroom. As they battle in court services would be provided as they wait for the outcome. This would be a win for all, especially for the poor patients.
Pope John Paul II said that “When freedom does not have a purpose, when it does not wish to know anything about the rule of law engraved in the hearts of men and women, when it does not listen to the voice of conscience, it turns against humanity and society.”
The rule of law needs to be upheld by all people and institutions. No one is above the law as the law is applied equally and fairly. There is also separation of powers between the legislature, the executives and the judiciary. Under the rule of law the judicial system is independent, impartial, open and transparent which is mandate to provide a fair and prompt trial.
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