Nairobi, June 14 -- The doctrine of social contract holds that citizens delegate the authority to govern themselves to government. Government is traditionally structured into three arms: the Executive, the Legislature and the Judiciary. The relationship among these and with citizens determines the quality of democracy.

In the past week or so, there has been debate about the Judiciary. The debate has revolved around the appointment of 34 judges by the President who declined to name six others who had been nominated by the Judicial Service Commission (JSC).

The matter has raised huge constitutional debate on whether the President has powers to do what he did.

There is a need to consider the question within the larger context of the perform...