NATIONAL vs PUBLIC INTEREST

 

“National Interest vs Public Interest” Which takes precedence over drafting of governance policies?

“Moving forward, the Supreme Court has an opportunity to develop jurisprudence on national interest and the nexus in realization of the constitutionally guaranteed rights on personal and public interest.” These are the words of the 4 day old Deputy President of the Republic; Prof Abraham Kithure Kindiki at the celebration of 12 year anniversary of the Supreme Court.

The statement begs prompt understanding of critical constitutional matters which if not well addressed, stand the risk of clawing back on key basic human rights and freedoms that have been enshrined in the laws of our land. Professor Kindiki presupposes that there are two interests in policy making; Public interest and National interest, and goes forth to suggest that the latter is the apex consideration on all matters of government policymaking.

What is public interest?

Guided by the doctrine of interpretation, "public interest" refers to the general welfare and rights of the general populace that should be considered and protected by the government, authorities, and judiciary when making decisions. This concept is woven throughout the Kenyan Constitution and serves as a guiding principle in several areas of law, governance, and public administration.

What is national interest?

The good professor of constitutional law opines that there is a departure in principle between the two,(national and public interest). His understanding of national interest is what conspiracy theorists would very gladly ascribe the deep state to. It is what the embedded government agencies and their enablers consider to be generally acceptable to conducively run their affairs. I have come to this conclusion based off the fact that according to the literal rule of the doctrine of interpretation, the substantive conclusion of what a nation is as per the constitution of Kenya 2010, is a unified, inclusive, and diverse society that respects the cultural, social, and political diversity of all its people. A nation is only as complete as its people.

It would therefore be foolhardy for the new deputy president to imagine that public interest and national interest are divorced, because they are one and the same. And in any case, article 1(1) of the CoK 2010 is clear that “All sovereign power belongs to the people, and shall be exercised only in accordance to this constitution.” This clause alone would negate any imagination that there is any greater interest to be looked out for in policy making apart from public interest. Even perceived ‘state interest’ is inferior to public interest because the laws were made for us, and not us for them.

It would be a boost to his tenure and legacy to be guided by the spirit of the law in executing his mandate, but he inspires little to no hope, having been the cabinet secretary who circumvented the law to enable mass killing of peaceful demonstrators under the guise of public order act. It also doesn’t help his case that the head of state construes him to be a loyalist who will do anything to please him, and we all know what kind of man the president is.

^{@oiraqaleb esq}