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

Abstract

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

Suggested Citation

Mutua, Makau, Justice Under Siege: The Rule of Law and Judicial Subservience in Kenya (2001). Human Rights Quarterly, Vol. 23, pp. 96-118, 2001, Available at SSRN: https://ssrn.com/abstract=1525575

Makau Mutua (Contact Author)

SUNY Buffalo Law School ( email )

626 O'Brian Hall
Buffalo, NY 14260-1100
United States
716 645-2311 (Phone)

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
440
Abstract Views
2,284
rank
71,604
PlumX Metrics