Why Does The Rule Of Laws Tie In With The Constitution

Before we can dive into this topic, it is prudent that we define some important terms that will play a huge part in this subject. What is a Constitution? According to Ringera J, in The case of Rev Dr Timothy Njoya v The Attorney General, the Constitution is a living document with a soul and embodies certain deep-seated codes and principles and must be interpreted to give light to these codes. Another term to be defined is the rule of law. The Oxford English Dictionary defines it as the principle where all members of society including government officials are bound by codes that are publicly promulgated

So how does the rule of law tie in with the Constitution? The rule of law is the life of the fundamental values and principles that the Constitution

Application and enforcement of the law is to be done to the letter of the prescribed law, there should be no infringement in any case. Article 47(1) provides for this by expressing that “every person has the right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair.” Another article that supports this position is article 50(2)(n) which posits that every person has the right to a fair trial including the right to have an advocate of their choosing and to be informed of this right . In this way application of and enforcement of the law will take a just and fair

A scholar named Friedrich Hayek posits that the rule of law seeks to bind the government to codes affixed and proclaimed beforehand to safeguard and shield individuals from any arbitrary exploitation . The rule of law entrenched in our Constitution seeks to ensure separation of powers through a powerful system of checks and balances (each arm of our government does have oversight capabilities over one another as defined in the Constitution (Article 160 which gives the High Court supervisory functions )).

The rule of law also seeks to ensure governmental accountability, citizens would then feel safe knowing that any action the State performs will be publicized and scrutinized . And finally the rule of law seeks to hold up the independence of the judiciary to ensure that adjudication is done on the merits of the case and not due to the whims of other officials as provided for by Article 160 of The Constitution of Kenya.

By ensuring oversight of each arm and holding actions accountable and publicized the rule of law achieves its ultimate goal: the citizens of Kenya will not be subjected to tyrannical or dictatorial actions or