The rule of law is a necessary means of achieving stable and equitable development. The executive, parliament and judiciary play an important role in promoting the rule of law. The executive, which is responsible for law enforcement agencies, is expected to comply with the Constitution, which is the Basic Law in the exercise of its functions. Parliament is expected to maintain the checks and balances of the executive. The judiciary, on the other hand, makes constitutional and legal decisions on conflicts between the government and its citizens and others. The rule of law is part of the Sustainable Development Goals, in particular Goal 16, which aims to promote peaceful and inclusive societies for sustainable development, ensure access to justice for all and build effective, accountable and inclusive institutions at all levels[2]. [9] Kenya`s Index of Economic Freedom Results 1995-2021, www.heritage.org/index/visualize?cnts=kenya|&src=country It is important to understand that the rule of law and the role of law are distinct concepts. The rule of law is defined as the principle by which all individuals, institutions, and organizations are accountable to laws that are publicly proclaimed, applied equally, decided independently, and consistent with international human rights principles (USCourts, 2019)[1]. On the other hand, the role of law is to find an order of individuals and organizations to create an environment in which social and economic policies are transformed into results, to define the structure of government and to provide a means of resolving conflicts. In short, the rule of law is the expected result of obedience to the law. As Kenya has made clear, it is difficult to achieve the rule of law because formal law is applied selectively and its existence has not led to the desired effects. In many African countries, autocratic civilian and military regimes, the constitution is becoming an anchor for autocratic rule. Such regimes have eaten away at the national constitution, clause by clause, freedom for freedom`s sake, the right to justice, and have always used members of parliament to enact revisionist laws of one kind or another.

Instead of protecting the rights and freedoms of the nation`s citizens, the Constitution has gradually turned into another anchor of autocratic rule. This dangerous history of new parliamentary bills “gobbling up” important constitutional protections is beginning to repeat itself in the wake of the momentous era of constitutional revision. The first victims may indeed be women and homosexuals. But if Kenyans do not respond with the moral outrage that such a legislative fiat deserves, and if they do not mobilize to prevent a further weakening of their constitutional rights, Kenya`s 2010 constitution will soon lose its teeth and muscles, its progressive values, the development of which has cost many years of struggle, sometimes to the detriment of life and freedom. There are great lessons that other African countries and beyond can learn from the process of developing a democratic and inclusive constitution in Kenya that led to the 2010 constitution. Tucker (2015) argues that a one-point decline in the Index of Economic Freedom is associated with a reduction in long-term GDP growth of between 1.0 and 1.5 percentage points per year[10]. The rule of law largely determines the 12 qualitative measures of the Index of Economic Freedoms. To create a situation where ineffective compromises have occurred, the 4.0 percentage point decline in Kenya`s Economic Freedom Index between 2015 and 2016 is that the Kenyan economy lost output between 280 and 421 billion ksh.

In 2016, the size of Kenya`s economy was Ksh 7.02 trillion (KNBS Economic Survey 2020, page 10)[11]. Until the President of the Supreme Court has adopted the provisions of Article 22, the rules on respect for the fundamental rights and freedoms referred to in Article 84, paragraph 6, of the former Constitution shall remain in force with the amendments, adaptations, limitations and exceptions necessary to bring them into conformity with Article 22. The UN recognizes that the rule of law is fundamental to international peace and security and political stability. It identifies the rule of law as an important instrument for achieving economic and social progress in the various UN Member States and as necessary to protect the rights of individuals and fundamental freedoms. The rule of law is also fundamental for people`s access to public services, prevents rental income, limits abuse of power, and it is important to establish the human-state social contract (United Nations, 2015)[4]. The importance of the social contract for peacekeeping cannot be overemphasized. John Locke explained that the obligation to submit to civil government under the statutes depends on the protection of the natural rights of every person (fundamental rights and freedoms), including the right to private property.[5] .