Justice Under Siege: The Rule of Law and Judicial Subservience in Kenya
Human Rights Quarterly, Vol. 23, pp. 96-118, 2001
23 Pages Posted: 19 Dec 2009
Date Written: 2001
The piece examines the tortured history of the judiciary in Kenya and concludes that various governments have deliberately robbed judges of judicial independence. As such, the judiciary has become part and parcel of the culture of impunity and corruption. This was particularly under the one party state, although nothing really changed with the introduction of a more open political system. The article argues that judicial subservience is one of the major reasons that state despotism continues to go unchallenged. It concludes by underlining the critical role that the judiciary has to play in a democratic polity.
Keywords: Judiciary, one-party state, KANU, Judicial independence, the rule of law, democracy
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