The Rule of Law: Why It Matters More Than Ever

29.04.25 04:13 PM

By Eric Kihungu- Managing Partner

In any society that aspires to justice, equality, and sustainable development, the rule of law is not just a lofty ideal — it is the foundation upon which all functioning institutions rest.


But what exactly is the rule of law?


At its core, the rule of law is the principle that no one is above the law, and that laws must be applied fairly, consistently, and transparently. It ensures that power is exercised within a framework of well-defined and established legal norms. This principle protects individuals from arbitrary governance, guarantees access to justice, and promotes accountability in both the public and private sectors.

Pillars of the Rule of Law

The rule of law rests on several key pillars:


  • Legal Certainty – Citizens and businesses should know what the law is and what it expects of them.
  • Equality Before the Law – Laws must apply equally to all persons, regardless of status or influence.
  • Independent Judiciary – Courts must be free from external pressures and capable of enforcing legal rights without fear or favour.
  • Access to Justice – Legal remedies must be accessible, affordable, and timely.
  • Respect for Human Rights – The legal system must safeguard fundamental rights and freedoms.

    • Why It Matters in Practice

    In the business world, the rule of law underpins investor confidence. Entrepreneurs are more likely to take risks, create jobs, and innovate when they trust that contracts will be enforced and disputes resolved fairly. In governance, it ensures that leaders act within the confines of the law, and that citizens have recourse when their rights are violated.


    For Kenya — and indeed for much of the developing world — strengthening the rule of law is not only a legal imperative but also an economic and social one. It affects everything from land ownership and contract enforcement to anti-corruption efforts and public trust in institutions.

    Challenges and Opportunities

    Despite its importance, the rule of law is often threatened by corruption, political interference, lack of judicial capacity, and inadequate access to legal representation. These challenges are not insurmountable, but addressing them requires sustained commitment from all sectors — government, civil society, the legal profession, and the public at large.


    Technology, legal innovation, and growing civic awareness present powerful opportunities to reinforce the rule of law. From digital court systems to public legal education, the tools exist — what’s needed is the collective will to deploy them effectively.

    A Call to Action

    The rule of law is not self-sustaining. It must be nurtured, defended, and continuously reinforced. As citizens, professionals, and leaders, we each have a role to play in upholding it.


    Because in the end, when the rule of law is respected, everyone — from the most powerful to the most vulnerable — benefits.

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