Justice in the Wake of Disobedience of Court Orders by the Kenyan Legislature: A Threat to the Principle of Seperation of Powers in the Constitution?
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The transformative constitution of Kenya 2010 provides that the sovereign the Kenya 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 at most to safeguard against arbitrary and abuse of power by those in authority. In the new constitutional dispensation, there have been instances of rivalries between the judiciary and the other arms of the government, with the members of the legislature referring to court orders as idiotic and stupid hence go...
The transformative constitution of Kenya 2010 provides that the sovereign the Kenya 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 at most to safeguard against arbitrary and abuse of power by those in authority. In the new constitutional dispensation, there have been instances of rivalries between the judiciary and the other arms of the government, with the members of the legislature referring to court orders as idiotic and stupid hence going ahead to disobey such orders. The Judiciary's main aim is to vindicate the legitimate power of the government of the day and crosscheck its operations. However, in the recent days, the legislature, which is one of the three arms of the government has been disobeying and showing disrespect towards court orders.
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