Kenya is a country of many challenges in law, democracy and governance amidst a reassuring Constitution that teaches us whenever it is tested in courts, that it can endure the most trying of times. Just like in the nature of humanity, we often do not appreciate our successes enough. Instead, our ills spread and dominate discourses in whatever sphere of our societal fabric. This is the fate that befalls our judiciary. What is the state of our judiciary in its role as the ultimate arbitrator of our societal law and policy challenges and disputes?
The answer to this question depends on who you ask. To a section of the legal practitioners, our judiciary is at its lowest. One wonders, at what point in our history was it at its highest. I digress. The point here is that even if we agree on the degree of success of the judiciary, we can at least agree on one thing. That is, if the three different arms of government were to be put on a scale of whatever nature on the fidelity to the Constitution and discharge of their duties to the people of Kenya, the judiciary will undeniably be at the top. This is an assessment that should easily come out of any objective and honest citizen.