I guess you are not a lawyer, an academician and a lover of Rule of law, if you are then you are not rational. SOMA HII CHINI.
Release of Babu Seya: Is it Arbitrary use of power
Laws place constraints on a
person’s arbitrary power to do as he or she wishes without consideration for the harm it could do to others.
The Rule of Law, in its most basic form, is the principle that no one is above the law.
The principle is intended to be a safeguard against arbitrary governance, whether by a totalitarian leader or by mob rule. Thus, the rule of law is hostile both to dictatorship and to anarchy.
Rule of Law cannot exist without a transparent legal system, the main components of which are a clear set of laws that are freely and easily accessible to all, strong enforcement structures, and an
independent judiciary to protect citizens against the arbitrary use of power by the state, individuals or any other organization.
The general principle under the law is that......
.....
discretionary power is
exercised so as to do justice to the case and
must be exercised judiciously with due consideration of all the facts and circumstances…. (ingawa hapa ni Katiba katika babu seya case)
Is Babu Seya release an arbitrary use of power?