Compiled by nilfat kassim and Sylvia Kangara
Some rich jurisprudence has been churned out during retired Chief Justice Willy Mutunga’s tenure. Where he concurred, he made his case passionately and energetically; where he dissented, he was convincing and eloquent. In the excerpts following, we bring you snippets of some of the rulings he gave as President of the Supreme Court.
Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 others [2015] eKLR:
“All Courts must consider the principles and values of the rule of law, participation of the people, equity, inclusiveness, equality, human rights, transparency and accountability. This is because the four corners of due process of the law, specifically the right to be heard and the right to a fair hearing, require that both parties be heard if an issue is raised before the court in order to accord the court the opportunity to pronounce itself on the issue. The Bench majority, with greatest respect, in commenting, making a finding and a holding based on the said letter, violated all these constitutional national values and principles. This action on the part of my learned sisters and brothers smacks of “judicial utado?”, a worrying form of judicial impunity.”
The Matter of the Principle of Gender Representation in the National Assembly and the Senate [2012] eKLR:
“The obligation of the Supreme Court is, therefore, to cultivate progressive indigenous jurisprudence in the momentous occasions that present themselves to the Court. By indigenous jurisprudence, I do not mean insular and inward looking. My concern, when I emphasise indigenous, is simply that we should grow our jurisprudence out of our own needs, without unthinking deference to that of other jurisdictions and courts, however distinguished. This Court, and the Judiciary at large has, therefore, a great opportunity to develop a robust, indigenous, patriotic and progressive jurisprudence that will give our country direction in its democratic development. “
Speaker of the Senate & Another v Attorney-General & 4 Others [2013] eKLR:
“One of the cardinal principles of
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