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Audit progress to boost supreme law

This week marked the seventh year since we enacted a Constitution whose object was to transform our system of governance.

The Independence Constitution had served its time but went through so many amendments, whose consequence was the disempowerment and disenfranchisement of citizens.

It was no easy walk to the new Constitution. It was a struggle that went on for decades and was marked by blood, pain, anguish and trauma.

JUDICIARY

Eventually, the will of the people prevailed. When the new law was passed, it marked a turning point in our national psyche.

We can look back with a sense of achievement that all was not in vain.

One of the outstanding creatures of the Constitution was the reconstitution of the Judiciary.

It created a framework for resolving disputes over presidential elections; which was never tenable in the past.

POLL DISPUTES

The Constitution created the Supreme Court, which is the court of last resort, and for which one of the cardinal mandates is adjudication of the petition on presidential election disputes.

Thus, it is coincidental that the presidential petition in the Supreme Court is taking place as we mark the seventh year of the new law.

Another exceptional outcome of the Constitution was devolution that one; dispersed power across various arms of government; and two, created two forms of government – national and county – and with clear jurisdictions.

At the heart of this was the desire to divest power from individuals or single institutions and ensure eternal checks and balances.

ASSESS

Social, political, environmental and economic rights as well as civil liberties are well-encapsulated in the Constitution.

Even so, fundamental gaps remain despite the fact that the Constitution should have been fully implemented within five years.

Most stipulations of the Bill of Rights are left to be achieved progressively.

Provisions for women representation at the various levels of governance have not been met, posing a serious constitutional challenge.

After seven years, the country must conduct an honest assessment to establish the gaps and make a conscious determination to implement all pending provisions of the Constitution.

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