PATRICK GATHARA: Judiciary a barrier to realisation of 2010 law governance vision

Some of the Judiciary’s interpretations of the Constitution have seemed like throwbacks to the former days of kowtowing to Kenya’s rulers

In Summary

• The Judiciary has hollowed out the constitutional guarantees of liberty and bail by continuing to allow police to hold suspects without charge to 'complete investigations'

• Half the prison population is now made up of pre-trial detainees, 90 percent of whom have already been granted bail but cannot afford to pay it

The simmering conflict between President Uhuru Kenyatta and the Judiciary over the supremacy of the Constitution has once again burst into the open.

This time, the battle has been ...

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