CEU Electronic Theses and Dissertations, 2019
| Author | Walumbe, Kevin Wanjala |
|---|---|
| Title | Taming the Peerless: Judicial Accountability and Independence in Kenya's Supreme Court; Perspectives from India and South Africa |
| Summary | In the current dispensation of the justice system across the world, the concept of judicial independence as complete non-interference in activities of the court is ebbing away. Not for India. There, through a skewed and gradual interpretation of the constitution, the Supreme Court has stone walled itself from public scrutiny, parliamentary oversight and executive interference. On the other hand, Kenya and South Africa are treading a different path. Judicial accountability for them is as important as judicial independence. The challenge comes in striking a balance between the two concepts. Not only do the conventional problems like budgetary cuts and executive pressure through legislation and political banter persist, there are emerging challenges like wide spread propaganda and misinformation that create mistrust in judges and the court as an institution. These need to be tackled as well. In Kenya, the apex court has been fashioned into an arena of settling political scores exposing it to unwarranted attacks from disgruntled politicians and their supporters. Solutions are needed for apex courts to fulfil the duty of accounting to the people without throwing their independence to the dogs. This study explores some of these challenges and proposes solutions where available. |
| Supervisor | Böckenförde, Markus |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2019/walumbe_kevin.pdf |
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