Dear Mr. President, It Is Sad That You Do Not Understand The Constitution

Following President Uhuru Kenyatta’s refusal to appoint 6 judges of the 41 that had been presented to him for an appointment, several law scholars have been schooling him on matters to do with the Constitution. But does the Son of Jomo listen?

The President appointed 34 judges and left out 6 without giving any reasons. There has been an uproar from various quarters with Kenyans and the association of Magistrates and Judges calling on the Head of State to follow the Constitution.

Read More: Uhuru Has No Authority Rejecting JSC Nominations

On June 3, 2021, President Uhuru Kenyatta appointed 34 out 41 judges for superior courts but declined to appoint Justices Aggrey Muchelule, George Odunga, Weldon Korir, and Prof Joel Ngugi who were to join the Court of Appeal.

The latest to lecture the President on his ignorance of the Constitution of Kenya is Former Chief Justice Dr. Willy Mutunga. “Nothing in the oaths says “I will obey and protect only those aspects of the Constitution that I find convenient.”

According to Dr. Willy Mutunga, if any public officer does not like the powers the Constitution donates to them or finds the exercising of those powers annoyingly inconvenient, they have no business continuing to occupy those offices.

Read More: Uhuru Kenyatta Has Failed To Respect, Uphold And Safeguard The Constitution

There is a reasonable presumption that anyone seeking public office would be familiar with the Constitution. The presumption is even stronger that such persons have read, re-read, and understood specific provisions of the office they seek to hold.

Mutunga says the President’s actions have lowered the steam of the office he holds, undermined the rule of law, and eroded public confidence both in the elevated majesty of statecraft and in the granularity in the administration of justice.

Read More: We Can As Well Delete Chapter 6 Of The Constitution

The President must resist the temptation to be garlanded in the pettiness of performing power, particularly by those who have built a thriving pettiness cottage industry, completely consumed by the pursuit of a personal vendetta at the expense of national good.

Dear Mr. President, it is sad and unfortunate that you do not understand the Constitution.