A conversation on the rule of law in Africa

The ALN Academy Talks aims to promote conversations on rule of law and good governance across Africa for the development of the continent. In this episode, we sat down with Aisha Abdallah, Partner at ALN Kenya | Anjarwalla & Khanna and Board Director of the ALN Academy. Aisha heads the Disputes Resolution Department at Anjarwalla & Khanna. She is passionate and well-versed in issues around the rule of law. 

The rule of law in general means that there is a predictable legal regime that applies to everyone, and everyone is equal before the law and is protected. The rule of law in Africa is important because it is a way to ensure that we can access our rights and enforce them. Unfortunately, this has not been the case in Africa, as military coups and forced changes in government leadership have been witnessed. On the upside, however, positives such as the first female president in East Africa, Samia Suluhu, and countries such as Rwanda have robust female representation in government. 

When it comes to the rule of law and foreign investments, lenders are interested in knowing that when the money they invest in a country is protected, their interests remain protected and that in the event of a dispute, there will be fair treatment accorded to them. For governments trying to attract investment, the comparison measure is the country's status in terms of the rule of law. 

Lawyers operate in a legal context. If they don't work to improve the rule of law, they undermine their relevance. The responsibility, then, falls on legal practitioners to keep the government accountable with regard to the promotion of the rule of law.

In a nutshell, sustainable solutions for Africa that advance the rule of law need to be explored. What works for first-world countries may not necessarily work for Africa.