Prof. Yash GhaiProf. Yash Ghai
Khaminwa Wrong On The Vetting Of Judges
John Khaminwa says that the vetting of judges is flawed. He argues that the judges are being made sacrificial lambs for sins of Kenyatta and Moi. This is nonsense. The constitution seeks to establish a new political and legal order in which people are held responsible for their acts—regardless of their status. The constitution also requires redress of past injustice that must imply some sort of punishment for the wrong doers; land must b...
Puzzle Of High Court Delay In Suit On Tobiko
The appointment of Keriako Tobiko as the Director of Public Prosecutions received considerable publicity because of the importance of the office to the rule of law and the ending of impunity and the fact that many people (including me) raised serious objections to his appointment. When all attempts to question his qualifications for the post and the deficiencies in the procedure for appointment failed (before the nominating panel, the Princi...
Politics Of Infidelity On Which Our Leaders Thrive
Exercising Power Under Constitution
Recently the Supreme Court of Appeal of South Africa gave a decision in a case on the appointment of the DPP—remarkably similar to the Kenya case challenging the Tobiko appointment. We can learn much from the explanations and decision of the South African case. The qualifications for appointment, as in Kenya, emphasise integrity, experience and conscientiousness. The appointment is solely by the President who must properly scrutinize the...
Are We Living By The Tenets Of The New Constitution?
Are we living by the Constitution? If living by the Constitution means that we respect, observe and promote values and principles of the Constitution, the answer is NO. No constitution is so rich in values and principles as our constitution, responding to the needs of both nation building and state building. It seeks to promote among us all an identity first and foremost as Kenyans and to promote our political unity. But it also cherishes our ...
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