Judicial Review and Public Power in Kenya: Revisiting Judicial Response to Select Political Cases

Abstract

This chapter discusses the development of the concept of judicial review in Kenya by considering how the Kenyan judiciary has adjudged four significant political cases. Judicial review in Kenya has experienced tremendous growth with the promulgation of the Constitution of Kenya, 2010. This chapter offers a historical analysis of implementation of judicial review in Kenya by revisiting significant politically-oriented judicial decisions. This appraisal is particularly critical as it is conducted in the context of cases that attracted much public interest and had considerable political undertones. A two-pronged temporal approach is adopted, with the year 2010 serving as a dividing factor.