The interface between judicial independence and judicial accountability in Kenya
by admin on | 2024-12-06 08:05:37 Last Updated by admin on 2024-12-22 01:49:36
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Inspired by the vision of deconcentrating power from one entity, Montesquieu conceptualized Separation of powers to prevent abuse of power.1 In accompaniment, this concept comes with a working system of checks and balances since the separation is not absolute. This has been incorporated in many constitutions of progressive societies around the world and the 2010 Constitution of Kenya has not been left behind. This has led to the division of government into the legislature, executive and judiciary through which the sovereign power of the people is exercised indirectly.2 The Supreme Court of Kenya, established under Article 163 of the constitution 3 and operationalized by the Supreme Court Act on June 23, 2011 4, is the highest judicial institution in the country and hence plays a big role of guidance to other courts with its jurisprudence as a binding text to all courts below it.5 In order to effectively perform this role, the constitution accords the Judiciary to which the Supreme Court belongs, the independence from other branches.
