Colonialism, Criminal Law, and the Dustbin of History
In a ruling that is important beyond Kenya, the Kenyan High Court has delivered a milestone judgment. By striking down a provision of the Kenyan Criminal Code on subversion, the Court takes a significant step towards further doing away with the colonial legacy in the Kenyan legal system. The judgment exemplifies how judges in postcolonial contexts interpret the law against the backdrop of the country’s history.
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How Populist Politicians Are Weakening the Kenyan Judiciary
The Kenyan President and his parliamentary allies are guilty of constitutional vandalism. In what has become an increasingly popular political move, they conveniently blame the judiciary for their unfulfilled promises, making the courts an easy target in a democracy backsliding. Lacking public outreach – judges neither organise rallies nor post on social media –, the judiciary has become a scapegoat to rally political support. While courts aren't beyond criticism, some attacks are self-serving, often from those with pending or impending court cases.
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