Suchergebnisse

This essay investigates the adequacy of the constitutional provisions in Kenya that guarantee judges' security of tenure. The author argues that the inadequacy of the tenure provisions explain, to some extent, why the Kenyan judiciary has failed to be at the forefront of the implementation of the Bill of Rights. He suggests that the judiciary has been too fearful of the government to fulfil this task given to it by the constitution. He concludes by proposing a new agenda that would facilitate the realisation of judges' security of tenure through, inter alia, the creation of safeguards against executive encroachment on judges' security of tenure. (DÜI-Hff)