A perspective on the doctrine of the separation of powers based on the response to court orders in Kenya
Date
2016-01
Authors
Kibet, Emanuel
Wangeci, Kimberly
Journal Title
Journal ISSN
Volume Title
Publisher
Strathmore University Press
Abstract
The Constitution of Kenya provides that the sovereign power of the people shall be
vested in the executive, the legislature and the judiciary, reflecting the democratic
ideal that if power is concentrated in the hands of a few, it is prone to misuse.
This provision aims to safeguard against arbitrary and capricious governance
and the abuse of power. In the new constitutional order, there has been instances
of tensions between the judiciary and the other arms of government. Unfortunate
incidents of members of the Legislature referring to court orders as stupid and
idiotic with blatant disregard for court orders have been witnessed. In a government
whose legitimacy is vindicated by a court, it is ironical to observe a selective
attitude towards respecting subsequent court orders. This paper aims to consider
the disregard of court orders against the backdrop of the separation of powers and
other relevant principles of constitutionalism.
Description
Article
Keywords
Constitution of Kenya, Law, Governance, Court