CONSTITUTIONALISM

High Court constitutional bench overreached in its BBI ruling

High Court ruling is not likely to fare well at the Supreme Court and will likely be overturned

In Summary

• The judges have given us the equivalent of charge stacking in that they have given us a tower of conclusions and findings of fact and orders that crumbles once subject to scrutiny.

• The High Court panel relied on intellectual constitutionalism that is not suitable for Kenya to reach the conclusion that there are parts of the constitution that cannot be amended.

In countries with advanced legal systems such as the United States, their criminal prosecution rules allow for a generous joinder of charges.

This means that prosecutors can bring many charges ...

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