The Parklands Diary

  "Treachery! Seek it out." [1] In Shakespeare’s play Hamlet , Prince Hamlet’s command, as quoted above, cuts through the fog of betrayal, urging the unmasking of a kingdom’s deceit veiled by treachery. Kenya’s constitutional democracy too echoes this call, grappling with its own treachery: the corrosion of the separation of powers. When the legislature, executive, or judiciary oversteps its bounds, it brandishes poisons reminiscent of the sword and wine that doom Denmark in Shakespeare’s play, Hamlet [2] . Through select cases, this document explores these breaches, wielding Hamlet ’s imagery to spotlight the threats to governance. It demands vigilance—for treachery festers where power strays.   The Constitutional Bedrock: Separation of Powers The Constitution of Kenya, 2010, establishes three [3] arms of government—legislature, executive, and judiciary—ensuring no single branch reigns supreme. Yet, like a stage primed for tragedy, ambition often lures one arm of...

                                                                        Image from Google Introduction The independence of the judiciary is a cornerstone of any democratic society, ensuring a system of checks and balances that upholds the rule of law. However, recent events in Kenya have raised concerns about the erosion of judicial independence, with President William Ruto openly criticizing and undermining the judiciary. This article examines the nature of these attacks, their implications, and the underlying reasons behind them. I.                        The Role of an Independent Judiciary Before delving into the specifics of President Ruto's attacks, it is essential to understand the significance of...

                                                              Image from Google The goal of sentencing in the judicial system is multifaceted, aiming at retribution, deterrence, rehabilitation, restorative justice, community protection, and denunciation. [1] These goals, however, can sometimes be in conflict, raising critical questions about how they are achieved through judicial decisions. This blog reviews how the Kenyan Judiciary has addressed these issues, particularly focusing on the transformative jurisprudence regarding the unconstitutionality of life imprisonment. Globally, the International Covenant on Civil and Political Rights (ICCPR) asserts that the primary objectives of imprisonment should be the reformation and social rehabilitation of the criminal. [2] This sets a foundational principle that punishment should offer...