The judiciary is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law in legal cases.
Sensitive to the preceding decades of an undermined judiciary, the 2010 Constitution drafting committee’s approach to the parts of the Constitution pertaining to the Judiciary[7] placed strong emphasis on its independence, broad cititizens’ rights specifically upholding the rule of law. However, a question currently being raised is whether or not the 2010 Constitution went too […]
When the case was carried in appeal by the State to the Supreme Court, the Court did something extraordinary and wholly extra-legal: as an interim measure, while it considered the appeal, it passed an order stating that the High Court’s judgment was “not to be treated as precedent”. As I had written at the time, […]
This post is not concerned with the merits of the judgment, although it is worthwhile to note that it is one of the few judgments on personal liberty and the CrPC that actually takes seriously the power imbalance between the State and the individual, and attempts to remedy that by insisting on giving procedural safeguards […]
Introduction “Legal technicality is a casual or colloquial phrase referring to a technical aspect of law and it is not a term of art in the law, has no exact meaning, and does not have a legal definition. That notwithstanding, the term implies that strict adherence to the letter of the law prevents the spirit […]
All over the world, the apex court serves as the final arbiter of disputes, interpreting and enforcing the law and upholding the Constitution. The function of an apex court is to provide the final interpretation of the law and to ensure that justice is delivered. This involves hearing appeals and deciding cases that have been […]
Firstly, more recently, more than any technology before it, Artificial Intelligence has taken root in the legal profession and will indeed transform the practice of law to unimaginable heights. The process to fit it as a supplementary to human power is already underway. Its success will be a determinant of the future of this high […]
Over the past few weeks, quite a number of lawyers have asked me, somewhat jokingly: “Will there still be a job for me to do in a couple of years?” I feel compelled to answer this question here because I disagree with most of the answers likely to be given. As technology continues to advance, […]
Thank you, and God bless you all. Hon. Justice Martha Koome, EGH is the Chief Justice and President of the Supreme Court of Kenya
The opposition has for decades been a headache to the government of the day through the organization of these demonstrations which springs from Article 37 of the Constitution. Under the wake of the new Constitution promulgated in 2010, the country has witnessed at least three demonstrations organized by the Opposition to wit: following the announcement […]
Democracy and opposition are supposed to go hand in hand. The nascent debate in Kenya is not just about whether democracy will survive, but about the quality of that democracy if it does. The role, functions, legitimacy and capacity of political opposition, in a situation where it is highly fragmented, constitutes a key aspect of […]
