Revisiting Dodhia v. National Grindlays Bank: A Search for Judicial Philosophy on Stare Decisis

Abstract

The doctrine of judicial precedent is one of the outstanding features of the Common Law system. In Kenya, the doctrine has always been applied and decisions of courts in the higher ranks in the court system are seen as setting binding laws on lower tribunals.

Following the passage of a new Constitution in 2010, however, the doctrine has faced challenges with some scholars arguing that it has been displaced or altogether modified.

The commentary herein seeks to examine the historical role of the doctrine as well as recent trends in the courts. The paper is a forceful discourse on the role of stare decisions not only in Kenya but in the entire Common Law civilization.

Keywords: Common Law, Constitution of Kenya, Judicial Precedent, Ratio Decidendi, Stare Decisis

JEL Classification: K