IS THE CURRENT APPLICATION OF OXYGEN RULE A THREAT TO THE LEGAL PROFESSION?
Image on Google In the wake of 2010, Kenya promulgated a new constitution that championed key developments in her legal system such as the Bill of rights, Devolved government, Leadership integrity and many more. In the legal practice, Article 159(d) of the Constitution of Kenya has since been dominant and hegemonic over the Courts decisions and dispensation of justice. The tenets of the Overriding Objective rule require justice to be affordable, expeditious and fair; a vehicle that has been used for Courts active case management. In the modern civil justice, (not only in Kenya) emphasis has therefore been put on substantive law as compared to order in the legal practice or the procedural laws. This is evident in various courts’ pronouncements and directions that has so far strengthened the wide application ...