Constitutionality of Anarchy: A Bug or a Feature?
“The state of nature is indeed to be preferred to authoritarianism” ~John Locke-Second Treatise of Government. Image by Freepik Among the common characteristics of the Uhuru and Ruto regimes is their disregard of the constitution and court orders in a blatant manner! Less than a year into office, Ruto’s regime has already disregarded the constitution with the appointments of his 50 friends to illegal offices. Despite a court order, he went ahead and increased fuel prices. If nothing is done, Kenyans will live to regret feeding a venomous serpent. Its head should have been crushed as early as yesterday. But how and by whom? Thomas Hobbes and John Locke, in their social contract theories, differ in the structure of government. While Hobbes leans towards an absolute leader or monarch, Locke leans towards a limited government through separation of powers, hence checks and balances. For Hobbes, separation of powers would lead to the very thing sought to be avoided: lawlessness, when...