This archive report was first published on 24 May 2020.
On May 24, 2020, Senator Kipchumba Murkomen's tenure as Senate majority leader came to an abrupt end, sparking a heated debate about the role of the law in politics.
As a scholar of the law, I argue that the law is inherently political, serving as a reflection of a society's norms and values. This is evident in the way laws are created, interpreted, and enforced, often favoring the interests of the dominant elite.
Take, for instance, the colonial laws that were designed to preserve and perpetuate the exploitation of black people. Similarly, laws that discriminate against women, such as those that deny them the right to inherit property or pass citizenship to their children, are a stark reminder of the law's role in perpetuating social injustices.
Even in modern democracies, laws are made by politicians and bureaucrats who are, by definition, political actors. The legislative process is a compromise among contending social forces, and laws are often passed with the intention of serving the interests of the powerful.
Mr. Murkomen and his supporters would do well to recognize that the law is not a neutral or apolitical entity, but rather a tool that can be used to either protect or harm individuals and groups. The courts, too, are not immune to politics, with judges often bringing their own biases and ideologies to the bench.
As the Supreme Court of the United States has shown, even the highest court in the land is not immune to the influence of politics, with judges often voting along party lines. This is why good lawyers often predict how certain judges will rule based on their ideology and political philosophy.
Ultimately, the law is a servant of politics, and those who seek to use it as a means of achieving justice would do well to recognize this fundamental truth.
Makau Mutua is SUNY distinguished professor at SUNY Buffalo Law School and chair of KHRC; @makaumutua.
