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Before this, the law gave Kenya’s presidents considerable influence over courts’ actions. Historically, the judiciary was not an independent branch. It was categorised as a governmental ...
In its analysis, the appellate court affirmed the applicability of the Basic Structure Doctrine in the realm of Kenya’s constitutional law. The court expressed that the said doctrine limits the ...
Sifuna said Kenyans should wait until the matter has undergone the entire hierarchy of the Courts system. The hierarchy of the courts provides room for the State to move to the Court of Appeal to ...
The court’s main rationale hinged on the “basic structure doctrine”, which it stated applies in Kenya’s constitutional framework, thus preventing an alteration of the constitution’s basic structure.
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