The Diminution of Judicial Competencies in the 1990's

The Kenya Jurist, Vol. 3, No. 2, p. 3, 1993

3 Pages Posted: 14 Jun 2010

See all articles by James Thuo Gathii

James Thuo Gathii

Loyola University Chicago School of Law

Date Written: 1993

Abstract

The founders of the Kenyan Constitution envisioned a tripartite government between the Executive, Legislative and Judicial branches. The purpose is to prevent the concentration of power in one branch of government. However, amendments to the Kenyan Constitution have diminished the judiciary’s role in providing a check on the power of the other branches. Particularly, section 72(5) of the Constitution and others in regards to bail for drug offense is in direct contravention to the Constitution. The Amendment denies bail to suspects charged with drug related offenses, which is a clear limit on judicial discretion. This amendment represents the worst form of intrusion on the tripartite system of government in Kenya and may be a method for detaining government detractors.

Invasion of the tripartite system also occurred was also invaded in the Election Petition Rules which provide that an aggrieved election participant cannot institute an Election Petition prior to the Election with a view to seeking redress.

This article examines these amendments and the circumstances in Kenya that aided their enactment.

Suggested Citation

Gathii, James Thuo, The Diminution of Judicial Competencies in the 1990's (1993). The Kenya Jurist, Vol. 3, No. 2, p. 3, 1993, Available at SSRN: https://ssrn.com/abstract=1625026

James Thuo Gathii (Contact Author)

Loyola University Chicago School of Law ( email )

25 East Pearson
Chicago, IL 60611
United States

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