Landmarks from El Mann to the Saitoti Ruling: Searching a Philosophy of Constitutional Interpretation in Kenya

Kenya Law Review, Vol. 1, pp. 188-213, 2007

26 Pages Posted: 11 May 2010

Date Written: May 6, 2007

Abstract

This paper reviews constitutional interpretation in Kenya. The basic argument is that a judge's inclination to a particular theory of law can affect, and invariably affects, the outcome of constitutional litigation. It concludes, among other things, that the Kenyan High Court has failed to establish a consistent theory or approach to constitutional interpretation.

Keywords: Constitution, constitutional interpretation, jurisprudence, fundamental rights and freedoms

Suggested Citation

Thiankolu, Muthomi, Landmarks from El Mann to the Saitoti Ruling: Searching a Philosophy of Constitutional Interpretation in Kenya (May 6, 2007). Kenya Law Review, Vol. 1, pp. 188-213, 2007, Available at SSRN: https://ssrn.com/abstract=1601306

Muthomi Thiankolu (Contact Author)

Mohammed Muigai Advocates ( email )

4th Floor K-Rep Centre, Wood Avenue, Kilimani
Nairobi, 254
Kenya

HOME PAGE: http://www.mohammedmuigai.com

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