What Supreme Court ruling means for the future of our demoracy

Supreme Court building.This was on 24th September 2017. [Edward Kiplimo,Standard]

In many ways, Kenya’s Supreme Court is a reflection of the Supreme Court of the United States of America, from where the 2010 Constitution borrowed a lot. In its long history, the US Supreme Court made decisions reflecting competition for constitutional power and the preferences of the judges.

Chief Justice John Marshall knew how to play power realism and outfoxed President Thomas Jefferson in the battle of political wits, in Marbury v. Madison, by declining to help William Marbury, a Federalist political colleague. Although he lost to President Andrew Jackson in the power struggle, Marshall’s reputation remained largely intact.