The Contested Empowerment of Kenya’s Judiciary, 2010-2015: A Historical Institutional Analysis by James Thuo Gathii

Strathmore Law Review(SLR), 3, 2018

8 Pages Posted: 2 Jul 2020

See all articles by Maxwel Miyawa

Maxwel Miyawa

Strathmore University - Strathmore Law School

Date Written: June 01, 2018

Abstract

There has been an increasing number of written works deconstructing various transformative values underpinned by the Constitution of Kenya.One of these transformative values is the concept of constitutional supremacy which, arguably, has not received nuanced theoretical attention in Kenya’s constitutional law scholarship. Gathii theorises the unexplored, yet controversial question of judicial empowerment and its centrality in anchoring constitutional supremacy in the post-2010 politico-constitutional order. He provides a well-researched exploratory analysis of the functional, institutional and normative fledgling nature of the Judiciary of Kenya. He does this through an analytical filter that investigates the prominent role that judicial expansion has played in promoting
constitutional supremacy and the principle of legality.

Suggested Citation

Miyawa, Maxwel, The Contested Empowerment of Kenya’s Judiciary, 2010-2015: A Historical Institutional Analysis by James Thuo Gathii (June 01, 2018). Strathmore Law Review(SLR), 3, 2018, Available at SSRN: https://ssrn.com/abstract=3623979

Maxwel Miyawa (Contact Author)

Strathmore University - Strathmore Law School ( email )

P.O. Box 59857
P.O. Box 54668
Nairobi, Nairobi 00200
Kenya

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
40
Abstract Views
129
PlumX Metrics