EVOLUTION OF THE JUDICIAL INDEPENDENCY IN KENYA – AN OVERVIEW

Agata Gitamo Benard

Abstract


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.


Keywords


Evolution, judiciary, Independency, Kenya.

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References


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Available at https://www.judiciary.go.ke/courts/high-court-2/. Accessed on 09/05/2020


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