Come and See What Prof Joel Ngugi Has Done: A Tale of Old Memories in the Oscar Sudi Bail Ruling

Platform for law, Justice and Society, 2020

18 Pages Posted: 20 Nov 2020

Date Written: October 3, 2020

Abstract

The incorporation of an extensive bill of rights in the 2010 Constitution was a reaction to the ills and scars of the Nyayo regime. The right to bail in particular was expected to mark an end to the detention without trial and Pr-charge detention trend. This paper while analyzing the Oscar Sudi bail drama will make two main arguments: Firstly, courts need to adopt the use of history as an interpretive tool. Secondly, in these times when the opposition has been Co opted by the president and the Executive is struggling on doing away with all forms of checks and balances, the bench needs to be filled by Judicial heroes and not State Gatekeepers.

Keywords: Right to Bail, Oscar Sudi, Prof Joel Ngugi, History as an Interpretive Tool, Judicial Heroes, Bold Spirits, Timorous Souls

Suggested Citation

Nyawa, Joshua Malidzo, Come and See What Prof Joel Ngugi Has Done: A Tale of Old Memories in the Oscar Sudi Bail Ruling (October 3, 2020). Platform for law, Justice and Society, 2020, Available at SSRN: https://ssrn.com/abstract=3704174 or http://dx.doi.org/10.2139/ssrn.3704174

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