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Principle of checks and balances should be put into use to avoid conflict


THE STANDARD
OPINION
President Uhuru Kenyatta with newly sworn-in Supreme Court Judge William Okello Ouko at State House, Nairobi.
In the interests of the Kenyan state, the President and the Chief Justice should work together guided by the principle of check and balances.
The crafters of the State made the Executive precede the Judiciary and the legislature in the national pecking order. In creating the colonial state, conquerors and administrators came first. Courts came in to reinforce, but not compete with, the governor in running the state. 
A debate cropped up over that sense of responsibility with internal and external demands for overhauls of both the mind-frame and the practice. The result was the 2010 Constitution. ....

Justice Martha Koome , Githu Muigai , Yash Pal Ghai , Willy Mutunga , Chief Justice , Pal Ghai , Attorney General Githu Muigai , President Uhuru , Martha Koome , Uhuru Kenyatta , David Maraga , யஷ் நண்பா காய் , தலைமை நீதி , ப்ரெஸிடெஂட் உஹுரு , உஹுரு கெநியாட ,

AMBREENA MANJI - The BBI Judgment and Project Kenya


My generation grew up in a country where the government used to dump shiploads of grain into the ocean. But not finishing your broccoli, in contrast, invoked mealtime lectures about hungry children in less fortunate countries. Wasting food was a moral problem and not the outcome of global inequality and skewed access that we later learned were responsible for those starving children pictured in UNESCO funding appeals on television.
Aversion to wasting food is probably wired into our genes. Even so, competing with your friends to kill oranges by rolling them under the wheels of passing vehicles was not exactly a sin when you were surrounded by near-endless expanses of citrus groves, and where neighbours routinely left gift bags of oranges on the doorstep that only added to the surfeit accumulating inside. ....

Kesavananda Bharti , Issa Shivji , Uhuru Kenyatta , Justice Willy Mutunga , Upendra Baxi , Yaniv Roznai , Ann Laura Stoler , Raila Odinga , David Ndii , Wambui Mwangi , Yash Pal Ghai , Joshua Malidzo , Gautam Bhatia , Jill Cottrell Ghai , Africa Law Society , Steering Committee , Kenya High Court , Kenya Supreme Court , Constitution Of Kenya Review Commission , Human Rights Division Of The High Court , National Land Commission , High Court , Human Rights Division , Attorney General , Kenyan Constitution , President Uhuru Kenyatta ,

In our context, it is the state - not the Constitution - that is eternal


OPINION
Former President Mwai Kibaki at Uhuru Park, Nairobi during the promulgation of the new constitution. [Courtesy]
The five High Court judges who ruled against the 2020 BBI Constitutional Amendment attracted attention partly because their ruling was more than a simple judgment on constitutional issues. Besides declaring the BBI unconstitutional, they raised issues that are relevant beyond Kenya. They stressed concepts such as ‘basic structure’ and ‘eternity’ clauses that are not specified in the Constitution, but are inherent in application. 
Depending on the geopolitical entity, whether empires or kingdoms on one side or states as derived from Westphalian logic, the issue of ‘eternity’ or ‘basic structure’ is relative. In general, empires are not eternal and can expand at the expense of others or contract by shedding off imperial baggage. The state, however, has a perpetual element in it that includes limited ‘sovereignty’ as accepted by the ....

United Kingdom , Mwai Kibaki , Yash Pal Ghai , Joseph Chamberlain , Jaramogi Oginga Odinga , Orange Democratic Movement , High Court , Banana Referendum , Orange Democratic , Amendment Bill , Constitution Amendment , ஒன்றுபட்டது கிஂக்டம் , யஷ் நண்பா காய் , ஜோசப் சேம்பர்லைன் , ஆரஞ்சு ஜனநாயக இயக்கம் , உயர் நீதிமன்றம் , ஆரஞ்சு ஜனநாயக , திருத்தம் ர சி து , அரசியலமைப்பு திருத்தம் ,