You criticise those going to court to challenge the legality and constitutionality of your laws, policies and actions. You run down “litigation, sponsored by hostage-taking vested interests, with the sole aim to delay, derail, and sabotage the delivery of public programmes and defeat public interest,” (Daily Nation, 2 January 2023, 4). Your ‘public programmes’ by law have to be lawful and in compliance with the Constitution. And Article 258 is titled “Enforcement of the Constitution”, showing that the purpose of these rights is set out in the Constitution itself: it is enforcement of the Constitution. Delay is authorised by the Constitution itself when ‘in the public interest’ and ‘necessary’ (your own words for your harsh policies): see Article 23(2) on ‘conservatory order’ and ‘injunction’.

Source: Daily Nation January 06, 2024 17:39 UTC