An inquiry into the limits of judicial intervention in the impeachment

Simple item page
dc.contributor.authorMunyao, Andrea Mutete
dc.date.accessioned2021-12-17T11:15:02Z
dc.date.available2021-12-17T11:15:02Z
dc.date.issued2020
dc.descriptionSubmitted in partial fulfillment of the requirements of the Bachelor of Laws Degree, Strathmore University Law Schoolen_US
dc.description.abstractArticle 181 (2) of the 2010 Constitution of Kenya instructs Parliament to enact a law highlighting the process of impeachment of a country governor. This has been done through the County Government Act. Section 33, recognises the County Assembly and the Senate as the bodies responsible for this process. However, the Constitution fails to address at what point courts of law can intervene in this process in an instance where a fundamental right or freedom has been violated. While this is important in a constitutional democracy, courts’ ability to intervene in the impeachment process of governors at any point may unduly interfere with governors’ delivery of their constitutional mandate. Such an unregulated intervention creates confusion between the role of courts of law in the impeachment process, on the one hand; and that of the County Assembly and the Senate, on the other. It is not clear which role should be discharged first. The Supreme Court has failed to provide a solution to this problem when presented with it in Justus Kariuki Mate & another v Martin Nyaga Wambora & another. This study therefore seeks to address this confusion through analysis of judicial decisions and then suggest a way forwarden_US
dc.identifier.urihttp://hdl.handle.net/11071/12349
dc.language.isoenen_US
dc.publisherStrathmore Universityen_US
dc.titleAn inquiry into the limits of judicial intervention in the impeachmenten_US
dc.typeUndergraduate projecten_US
Files
Original bundle
Now showing 1 - 1 of 1
Thumbnail Image
Name:
An inquiry into the limits of judicial intervention in the impeachment .pdf
Size:
784.2 KB
Format:
Adobe Portable Document Format
Description:
Download
License bundle
Now showing 1 - 1 of 1
Thumbnail Image
Name:
license.txt
Size:
1.71 KB
Format:
Item-specific license agreed upon to submission
Description:
Download
Collections
LLB Research Projects (2020)