ICJ Director’s Note On The Judicial Dragon

In September 2003, the Hon. Justice Aaron Ringera and his committee prepared and presented a report on corruption and integrity in the judiciary to the Chief Justice Evans Gicheru. The report outlined various instances of corruption within the Judiciary and in an unprecedented step named judicial officers implicated in the alleged corrupt practices

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May 2010 Issue of the Jurist E-Bulletin - a publication of ICJ Kenya

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The commencement of the year 2008 brought unprecedented difficulty to Kenya following the dispute results in the 2007 general election. Large part of the country were engulfed in violence leading to massive death and the displacement of thousands of people from their homes. The insecurity results from violence, the suspicion bred amongst Kenyans and the resulting political intolerance has ensured that neutral leadership was edged out as a result of politics of brinkmanship.

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How Do We Treat Judgments Written By Ousted Judges?

In the first issue of this Newsletter ICJ Kenya dwelt at length on the issue of removal of judges in response to the purge subsequent to the release of the Ringera Report. In this issue, ICJ Kenya wishes to comment on the jurisprudential issues arising from ousting of the judges on allegations of corruption and bribery. In particular, how the doctrines of precedent and stare decisis have been affected by the removal of the judges.

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The High Court Judgment In The Timothy Njoya And Others Versus CKRC And The Ag

The power to make and enact a new constitution exclusively belongs to the people and therefore no amendments to the constitution can give parliament that power. In addition, the court reasoned that since Kenya is a multi-party democratic state, its people have an implied but mandatory right to ratify a new constitution.

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In this newsletter, I focus on the recently concluded Biennial Conference of the ICJ, held in August 2004 in Berlin, Germany. Needless to say, the conference was attended by distinguished judges, lawyers, academics and human rights defenders to discuss terrorism and human rights.