EVOLUTION OF THE JUDICIAL INDEPENDENCY IN KENYA – AN OVERVIEW
Keywords:Evolution, judiciary, Independency, Kenya
The administration of justice has been an historical problem to date. The communal, individual suffering has been the talk of the day. The governance structure from ancient times until date has evolved in many ways, for example the judicial system existed in the ancient era, stands on different footing from the present judicial system. Moving from non-existence of any government to the dictatorship governance, informal institutional structures to formal institutional structures, from customs, traditions and beliefs to the express constitutional and statutory provisions is a milestone which cannot go unnoticed. Despite the facts such development, the question to answer is ‘whether the formal judicial interdependence of the day is different from the informal one? To what extent such changes if any has contributed to the shaping of the Kenya’s democracy? Whether what seemed to be judicial independent in earlier days is taken to be independent at 21st century? This paper will investigate and find out answers to the mentioned questions including to unveil on whose eyes the judiciary should be seen independent and from whom it will remain independent.? The fundamental rights will stand to be meaningless if there won’t be limitations on both the three arms of the Government by an independent institution mandated for that matter (Judiciary). There have been the persistence misuses of the powers by those empowered to execute them whether it was during the time of lawlessness or after the establishment of the written laws.
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II. Government Notice No. 109, Available in “The official Gazette of the Colony and Protectorate of Kenya Vol. XXIII - No. 765,” published on April, 6th, 1921, Nairobi, under the Authority of His Excellency the Governor of the Colony and Protectorate of Kenya. p. 285.
III. The minutes No: 43/61 “Courtesy to the Judiciary” of a meeting of District Commissioner Central Province held at Nyeri-Kenya on 22nd and 23rd June 1961
IV. Letter titled “Procedure to be followed at out-stations on the occasion of supreme court circuits”, issued by his excellency through the secretariat of Nairobi (C. H. THORNLY ACTING CHIEF SECRETARY) on November 30th, 1951. Ref. S/A. J and L. 12/2/2/171 Para. 6 p. 2, to All Provincial Commissioners, Officer in charge Masai, Ngong, the Commissioner of Police Nairobi. Available at the National Archive Museum Nairobi-KENYA.
V. The Magistrate’s Court Act No. 17 of 1967.
VI. The Judicature Act No. 16 of 1967
VII. The Consolidated Fund (No. 2) Ordinance, 1958 (No. 20 of 1958).
VIII. The Criminal Procedure Code (Cap. 75).
IX. Part III of the Constitution of Kenya 1963, As amended by Act 4 of 1988 Section 4.
X. Section 4 of Rule No. 19 “The Trade Dispute (Amendment) Act, 1971 (Notice No. 22 of 1971) pp.115-120.
XI. High Court – The Judiciary of Kenya,
a. Available at https://www.judiciary.go.ke/courts/high-court-2/. Accessed on 09/05/2020
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