We teach our children that violence is not the answer. We, sometimes, reinforce the lesson, with violence. Therein lies irony, but that is not the reason for this post. If there's one lesson that we have taken from years of childhood development studies it is that violence forms a poor foundation for the education and discipline of children. But in situations where time and other resources are scarce, the instinct to chart familiar, violent, paths overwhelms the instinct to spend more time and resources in building new systems for the education and discipline of our children. It is a schizophrenic hypocrisy, of sorts.
I have watched with amazement as the Cabinet Secretary for Education and his internal security counterpart, together with other senior government officials, muse publicly that it is time to reintroduce corporal punishment in schools as one of the solutions for the waves of school unrest and associated cases of arson. Far better thinkers of childhood development can tell you why violent coercive force is no longer the preferred method for educating or disciplining children. I intend to show you why it is wrong for governmental officials to casually and recklessly recommend the usurpation of constitutional prohibitions.
In Kenya, Cabinet Secretaries and Principal Secretaries swear an oath to obey, respect and uphold the Constitution of Kenya and all other laws of the Republic. The Constitution imposes an obligation on all Kenyans to protect children from all forms of violence. In my opinion, this includes protection of children from corporal punishment, which is a form of violence. The Basic Education Act, which is a law of the Republic, states that one of the principles of the provision of basic education is the elimination of corporal punishment.
The oaths that the Cabinet Secretaries and Principal Secretaries swore means that they cannot casually propose the reintroduction of corporal punishment without first amending the Constitution and repealing the provisions that protect children from any form of violence. Furthermore, they cannot declare that they "do not believe in children's rights", because it would amount to saying that they do not believe in the Bill of Rights, which would bring into question their fitness to continue serving in Government.
I have watched with trepidation as senior members of the Government have swatted away their constitutional obligations whenever it inconvenienced them. A senior member of the police service defied court orders and was convicted of contempt and ordered to serve a term of imprisonment of four years. He has also disobeyed the latest court order. Several Cabinet Secretaries have also been convicted of contempt of court; they have all defied the sanctions imposed on them by the courts. No less than the Chief Justice of kenya has watched as some of his orders are defied by Government officials.
Meanwhile, the police service is wielded as a sledgehammer against the hoi polloi should they deign to set one toe over the line. Quite often, police action in the enforcement of the law ends tragically; men, women, children and infants have died at the hands of police in the enforcement of the law. But when it comes to senior members of the Government, regardless of the scale of their alleged offences, they are treated with kid gloves even as they thumb their noses at the rule of law. This is not a satisfactory way to build a culture of constitutionalism in Kenya. Indeed, I would go so far as to say that the true threat to the constitutional order is the reckless disregard for the rule of law by senior members of the Government.
In my opinion, any governmental official who declares that children do not enjoy any constitutional protections is not fit to hold public office; any government official who defies the orders of the courts, is not fit to hold public office; any governmental official who undermines the rule of law in any way must be removed from office and barred from public service forever. But this is half the story, isn't it? The other half is left unsaid because that is what we do and who we are.
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