Judicial Robotism, Procedural Narcissism and Formalism
A Commentary on the Hijab case
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In this book, I look at how the supreme court of Kenya transformed itself from human beings into Programmed judicial robots in the famous Hijab case. This book notes that whereas Kenya promulgated a Transformative constitution in 2010, 9 years down the line, its fruits have not been enjoyed courtesy of the judiciary which is inhabited by a formalistic culture. This book uses the case of Mohammed Fugicha V Attorney as it was decided by Supreme Court to show the extent that the formalistic Legal culture has inhabited the judiciary. In doing so, this book will make the following sub arguments tha...
In this book, I look at how the supreme court of Kenya transformed itself from human beings into Programmed judicial robots in the famous Hijab case. This book notes that whereas Kenya promulgated a Transformative constitution in 2010, 9 years down the line, its fruits have not been enjoyed courtesy of the judiciary which is inhabited by a formalistic culture. This book uses the case of Mohammed Fugicha V Attorney as it was decided by Supreme Court to show the extent that the formalistic Legal culture has inhabited the judiciary. In doing so, this book will make the following sub arguments that courts should strive to do substantial justice and not fall prey to technicalities. Secondly, that constitutional morality must always override societal morality. Generally, there is a need for our courts to bring about a human rights compliant jurisprudence!. The book will also celebrate the dissenting opinion of Justice Ojwang for his readiness to use the law to protect the minorities.
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