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Showing posts with the label ultra vires

Judiciary Under Siege

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                                              Image on Freepik That the President acknowledges judicial tyranny and impunity as major impediments to the realization of justice and the rule of law is adequate. It is an open secret in the public domain. Granted, the President is an equal shareholder in this country and reserves the right to his own opinion as well as ‘a fair hearing.’ However, publicly chastising elements within one arm of government by another and threatening them with quasi-judicial actions in response to their judgements in the absence of solid incriminating evidence is totally reckless and uncouth. It altogether nullifies the President’s averment that he recognizes the independence of the Judiciary and the significance of the rule of law. It elevates him to becoming a law unto himself and betrays his solemn promise to uphold the spirit and the letter of t...

EXECUTIVE USURPATION OF THE 13TH PARLIAMENT’S LEGISLATIVE AUTHORITY AND THE LEGISLATIVE ACQUIESCENCE IN THE FACE OF SEPARATION OF POWERS VIOLATIONS: A SEMINAL EXEMPLIFICATION OF EXECUTIVE SUPREMACY AND LEGISLATIVE SUBSERVIENCE IN KENYA

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                                                    Photo from Blogger             Abstract The fundamental tenet of the doctrine of separation of powers has long held an elevated position within the annals of democratic governance, functioning as an indispensable bulwark against the pernicious consolidation of authority. Revered for its capacity to engender a system of checks and balances, thereby safeguarding individual liberties and ensuring the overall constancy of a nation, this doctrine occupies a paramount role. However, just as any theoretical construct of political import, its practical application frequently falls prey to the inexorable grip of hypocrisy particularly by the Executive arm of government, where those entrusted with the task of upholding its sacrosanct principles find themselves ensnared in the t...